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A COLLECTION
OP
TREATIES, ENGAGEMENTS, AND SUNNUDS,
DELATING TO
INDIA AND NEIGHBOURING COUNTRIES.
COMPILED BT
C. U. AITCHISON, B. C. S.,
Under-Secretary to the Government of India in the Foreign Department.
VOL. VII.,
CONTAINING
THE TREATIES, R, RELATING TO SINDH, BELOOCHISTAN, PERSIA,
AND HERAT; TURKISH ARABIA AND THE PERSIAN GULF;
AND THE ARABIAN AND AFRICAN COASTS.
WITH A SUPPLEMENT CONTAINING YABIOUS TREATIES AND ENGAGEMENTS CONCLUDED AND
SUNNUDS ISSUED SINCE THIS COLLECTION WAS. COMMENCED.
CALCUTTA:
O. T. CUTTER, MILITARY ORPHAN PRESS,
if!
•»*-
t*
PREFACE.
This Volume completes the collection of Indian Treaties,
&c. It has been found necessary to include in the Collection
some engagements framed more under the requirements of
European than of Indian policy, such as the Treaty con-
cluded with the King of the Netherlands in 1824, the
Treaties of 1814 and 1857 with the Shah of Persia, and a
few others. But, when possible, such Treaties have been
excluded, unless the agency of the Indian Government was
directly employed in the negotiation of them, or is required
to enforce their observance : on this principle, the Treaties
with Madagascar and Johanna for the suppression of the
slave trade, the convention with Prance regarding the Indian
mails and many other important engagements, have not been
allowed a place in this Collection. It was the intention of
the Compiler to have made a separate collection of all the
Treaties concluded by. the Crown of England with Poreign
Powers, which haver a direct bearing on the interests of
India ; but his transfer^ ^another sphere of duty has pre-
vented the execution of thisrtiesign.
Mr. Belletty of the Poreign Office is preparing an
Alphabetical and a Chronological Index to this Collection
of Treaties, Engagements, and Sunnuds, which will be pub-
lished shortly.
Calcutta,
26th January 1865
.}
Digitized by the Internet Archive
in 2007 with funding from
Microsoft Corporation
http://www.archive.org/details/collectionoftrea07aitcuoft
CONTENTS.
PART I.
TREATIES, ENGAGEMENTS, and SUNNUDS, relating to SINDH,
BELOCHISTAN, PEESIA, and HERAT.
Page.
SINDH ... ... ... ... ... i to C9
I. Perwannah from the Prince of Sindh, dated 22nd September 1758 ... 15
Translation of Prince Gholam Shah's Perwannah for Customs' privileges
granted to the Honourable Company, dated 22nd September 1758 ... 17
Letter from Prince Gholam Shah to Mr. Robert Sumption, dated 11th
December 1758 ... ... ... ... ... 20
Order from Prince Gholam Shah, dated 18th December 1758 ... ib.
Copy of a Perwannah from Prince Gholam Shah, dated 22nd Septem-
ber 1758 ... ... ... ... ... ib.
II. Perwannah granted by Prince Gholam Shah, dated 22nd April 1761 ... 22
Perwannah granted by Prince Gholam Shah, dated 23rd April 1761 ... 24
Perwannah granted by Prince Gholam Shah, dated 22nd April 1761 ... ib.
III. Order from Prince Futteh Ali Shah, granting certain privileges in favor
of the English trade, dated 18th August 1799 ... ... 25
Ditto ditto, dated 23rd August 1799 ... ... ... 28
Sunnud from Prince Futteh Ali Shah, dated 12th April 1860 ... 33
Sunnud granted by Prince Meer Futteh Ali Khan to Mr. Crow, dated
14th April 1800 .. ... ... ... ... 34
IV. Treaty with the Ameers of Sindh, dated 22nd August 1800 ... ib.
V. Treaty concluded with the Ameers of Sindh, dated 9th November 1820 35
VI. Treaty with Meer Roostum Khan, Chief of Kheirpore, dated 19th June
1832 ... ... . . ... ... ... 37
VII. Treaty with the Government of Hyderabad, dated 19th June 1832 .. 38
Supplement to the Treaty with the Government of Hyderabad, dated
19th June 1832 .. .. ... .. .. 40
VIII. Commercial Treaty concluded with the Government of Hyderabad,
dated 2nd July 1834 ... ... ... ... ... 41
IX. Commercial Articles concluded with the Government of Hyderabad,
dated 28th November 1836 ... .. ... ..44
X. Treaty concluded with the Ameers of Sindh, dated 20th April 1838 .. 49
XI. Treaty concluded with His Highness Meer Roostum Khan, of Kheirpore,
dated 24th December 1838 .. ... .. ... 50
w CONTENTS.
\ 1 1 11 . — { Concluded.) Page-
Separate Article* of a Treaty with Meor Roostum, of Kheirporc, dated
34th December 1838... ... ••• ••• 52
Letter froi. '.lency the Governor General to Meer Roostum, of
Kheirpore, dated 10th January 1839 .. ... ... 53
Agreement with Meer Mobarick Khan, of Kheirpore, dated 28th De-
cember 1838 • ... ... ... •• — 5i
Similar Agreements with Meer Mahomed Khan and Meer Ali Murad
Khan, dated 28th December 1838 ... ... ... **•
XII. Agreement for the surrender of Kurrachee, dated 7th February 1839... 55
XIII. Treaty concluded with the Ameers of Hyderabad, dated 11th March
1839 .. .. ... ... ... ... 57
XIV. Treaty concluded with Meer Sher Mahomed Khan, of Meerpore, dated
18th June 1841 ... .. .. .. ..60
XV. Draft of a Treaty with the Ameers of Hyderabad, dated 14th February
1842 ... .. .. ... .. ... 63
Draft of a Treaty with the Ameers of Kheirpore, dated 4th November
1842 ... ... ... ... .. ... GG
KIIELAT ... .. ... ... .. 70 to 81
XVI. Treaty concluded with Meer Nusseer Khan, Chief of Khelat, dated 6th
October 1841 ... .. .. ... ... 75
XVII. Treaty between the British Government and Meer Nusseer Khan, Chief
of Khelat, dated 1 4th May 1854 . . .. ... ... 77
Schedule showing the amount of duty to be levied on merchandize
passing through the dominions of the Khan of Khelat .. .. 78
XVIII. Convention between the British Government and His Highness Meer
Khodadad Khan, Chief of Khelat, for the protection of the Tele-
graph line passing through his territory, dated 20th February 1863... 79
Additional Clause of a Convention with His Highness the Khan of
Khelat for the passage of the Telegraph through his Mekran terri-
tory, dated 23rd March 1863 ... ... ... ... 81
BEYLAobLUS ... .. .. ... 82 to 84
XIX. Agreement with the Jam of Beyla for the construction, protection, and
maintenance of the Telegraph line in his territory, dated 21st De-
cember 1861 .. ... ... ... .. 82
KEDGE .. .. .. .. ... 85 and 86
XX. Agreement with the Naib of Kedge for the protection of the Tele.
graph line, dated 24th January 1862 ... ... ... 85
Note from Fuqueer Mahomed, of Kedge, dated 1st February 1862 ... 86
PERSIA .. ... .. .. ... 87 to 164
X\I. Agreement concluded with Sheikh Sadoon, of Bushirc, dated 12th
April 1763 ... ... .. ... ... 99
CONTENTS.
Vll
XXII.
XXIII.
XXIV.
XXV.
XXVI.
XXVII.
XXVIII.
XXIX.
XXX.
XXXI.
XXXII.
XXXIII.
PERSIA.— (Continued.) Page.
Royal grant from Karem Khan, King of Persia, 1763 ... ... 101
Articles desired by the Khan, dated 2nd July 1763 ... ... 103
Translation of a Firman from Jaffir Khan, dated 18th January 1788 ... 104
Translation of a Firman from Futteh AH Shah, King of Persia, dated
January 1801 ... ./* ... ... ... 106
Treaty concluded with the King of Persia, dated 1801 ... ... 108
Translation of a Firman from Futteh Ali Shah, King of Persia, dated
January 1801 ... ... ... ... ... 112
Treaty of Commerce concluded with the King of Persia, 1801 ... 114
Additional Article to the above Treaty ... ... ... 117
Preliminary Treaty concluded with His Majesty the King of Persia,
dated 12th March 1809 ... ... ... ... ib.
Ratification of the Preliminary Treaty ... ... ... 121
Definitive Treaty concluded with His Majesty the King of Persia, dated
14th March 1812 ... ... ... ... ... ib.
Form of Her Majesty Futteh Ali Shah's ratification of the Definitive
Treaty ... ... ... ... ... ... 127
Form of His Royal Highness Abbas Mirza's ratification of the Defini-
tive Treaty ... ... .. ... ... ib>
Definitive Treaty concluded with His Majesty the Shah of Persia,
dated 25th November 1814
Translation of a Bond granted by Abbas Mirza, Prince Royal of Persia,
dated March 1828 ...
Ruckum of His Royal Highness ratifying the abrogation of the third
and fourth Articles of the Treaty with England ... ...
Translation of a Firman from His Majesty the Shah of Persia
Translation of a Firman from His Majesty the Shah of Persia to the
Governor General of Fars, abolishing the export duty on horses, 1823
Proclamation issued by the Shah of Persia, granting to British Mer-
chants the same privileges as enjoyed by Russian Merchants in
Persia, dated May 1836
Treaty of Commerce concluded with the Shah of Persia, dated 28th
October 1841
Translation of a Firman issued by the Persian Government relating to
bankruptcies for the protection of British Merchants, dated June 1844
Engagement prohibiting the importation of African slaves into Persia
by sea, dated 12th June 1848
Translation of an autograph note from His Majesty the Shah of
Persia to Hajee Mirza Aghassee, dated 12th June 1848 ...
Translation of a note from Hajee Mirza Aghassee to Lieutenant Colonel
Farrant, dated 12th June 1848 ...
Translation of a Firman issued by His Majesty the Shah to the Governor
of Fars, dated June 1848
ib.
132
133
134
135
136
133
144
ib.
145
146
Mil
PERSI A— ( Concluded. ) Page,
Translation of a Finnan issued by Ilis Majesty the Shah to the Gov-
ernor of Ispahan, dated Jnne 1848
XXXIV. Convention concluded with the Persian Government for the detention
and search by British crnizers of Persian vessels engaged in the
slave trade, dated August 1851 ... ... ' ...
WW. Engagement of the Persian Government regarding Herat, dated 25th
January 1853
Translation of a letter from the Sadr Azim to the ruler of Herat,
dated 26th January 1853
Translation of a Firman from the Shah of Persia to the ruler of
Herat, dated 29th January 1853...
Translation of a letter from Lieutenant Colonel Sheil to the ruler of
Herat
XXXVL Treaty of peace concluded between Great Britain and the Shah of
Persia, dated 4th March 1857 ...
Separate note referred to in the tenth Article of the above Treaty, dated
4th March 1857
Translation of a note from the Shah to the Sadr Azim, dated December
1855
XXXVII. Engagement executed by the Persian Minister for Foreign Affairs for the
construction of a line of Telegraph from Khanakheen to Bushire,
dated 6th February 1863
HERAT ... ... ... ... ... 165 to
XXXVIII. Agreement concluded with Yar Mahomed Khan, recognizing him as
the medium of communication between the British and Herat
Authorities, dated 9th June 1839
XXXIX. Treaty concluded with His Majesty Shah Kamran of Herat, dated
30th August 1839 ... ... ... ... ... 170
146
147
149
151
153
ib.
155
160
162
164
172
168
PART II.
TREATIES, ENGAGEMENTS, and SUNNUDS, belating to TUBKISH
XL.
XLI.
XLII.
ARABIA and the PEESIAN GULF.
173 to
TURKISH ARABIA ...
Firman of Soleiman Pasha granted to the English Chief, 1759
Firman constituting Robert Garden, Esq., Consul in Bussora
Consular Commission granted to the Honourable English United East
India Company, dated 29th August 1764
Imperial Ottoman Diploma granted to Harford Jones, Esq-, Bart.,
Consul of Bagdad, dated 2nd November 1802
198
176
177
179
180
CONTENTS.
IX
TURKISH ARABIA.— (Concluded .J Page
XLIII. Agreement entered into by the Pasha of Bagdad on the restoration of
friendly relations with the Resident, dated 25th January 1810 ... 182
XLIV, Decree of the Pasha of Bagdad for preventing the desertion of British
sailors, 1812 ... ... ... ... ... |83
XLV. Decree of the Pasha of Bagdad for the restoration of Natives of India
brought to Bussora as slaves, 1812 ... ... ... 184
XLVI. Letter from the Pasha of Bagdad to the Political Agent at Bussora
engaging to treat British Agents with respect, 1821 ... ... ib.
XLVII. Order from the Pasha of Bagdad confirming the privileges enjoyed by
British subjects, dated 2nd October 1831 ... ... ... ib.
XLVIII. Imperial Firman for the protection of English Steam Vessels navigat-
ing the Euphrates, dated 29th December 1834 ... ... 189
XLIX. Imperial Firman addressed to the Valee of Bagdad for the suppression
of the slave trade, dated 23rd January 1847 ... ... 190
Translation of a communication made by the Porte to Her Majesty's
Embassy, dated 27th January 1847 ... ... ... 191
Translation of instructions addressed to Nedjib Pasha, of Bagdad,
respecting African slaves, dated 6th April 1847 ... ... 192
Copie Officielle d'une lettre addressee par le Grand Vizier an Pasha dc
Bagdad, dated 6th Avril 1817 ... ... ... ... ib.
Translation of Instructions to Nejib Pasha, of Bagdad . ... ... ib.
L. Engagement concluded with the Sublime Porte, dated 20th October
1863, regarding the Overland Telegraph ... ... ... 193
PERSIAN GULF ... ... ... ... 199 to 266
MUSCAT ... ... ... ... ... 199 to 237
LI. Engagement concluded with the Imam of Muscat, dated 12th Octo-
ber 1798 ... ... ... ... ... ... 208
LII. Agreement entered into by the Imam of Oman, dated 18th January
1800 ... ... ... ... ... ... 210
LIII. Requisitions made on the Imam of Muscat with answers respecting
slavery, dated 4th September 1822 ... ... ... 211
Additional requisitions made on the Imam with answers respecting
slavery, dated 9th September 1822 ... ... ... 215
Translation of a letter from His Highness the Imam of Muscat to
Captain Hamerton, dated 18th August 1845 ... ... ... 216
LIV. Treaty of commerce concluded with His Highness the Imam of Muscat,
dated 31st May 1839 ... ... ... ... ... ib.
Form of Declaration made by the British Government previous to ex-
change of the ratification of Treaty, dated 22nd July 1840 ... 223
Form of Declaration made by the Muscat Government previous to the
ratification of Treaty, dated 22nd July 1840 ... ... ... 224
Form of Certificate signed on the exchange of the ratification of Treaty,
dated 22nd July 1840 ... ... ... ... 225
CONTENTS.
USIAN GULF. -(Continued.) Page.
(Muscat.)
Translation of the ratification by His Highness the Imam of Muscat of
the Treaty of Connm-ne, dated 22nd July 1810
l.Y. Translation of additional Articles entered into by His Highness the
Imam of Muscat regarding the suppression of foreign slave trade,
dated 17th December 1839
LVI. Agreement concluded with the Sultan of Muscat respecting the slave
trade from His Highness' African dominions, dated 2nd October 1845 ...
LVI I. Rules established by His Highness the Imam of Muscat respecting dis-
tressed vessels putting into His Highness' ports, dated April 1846 ...
LV1II. Deed of cession of the Koorea Mooria Islands executed by His High-
ness the Imam of Muscat, dated 14th July 1854 ...
LIX. Letter from the Viceroy and Governor General of India to His Highness
the Sultan of Muscat, dated 2nd April 1861
From His Highness the Sultan of Muscat to His Excellency the Governor
General of India, dated 15th May 1861 ... *
LX. Convention concluded with His Highness the Sultan of Muscat for the
extension of the Telegraph, dated 19th January 1865 ...
LXI. Treaty of peace concluded between the Sultan of Muscat and the Chief
of Sohar, dated 23rd December 1839
LXII. Engagement entered into by the Chief of Sohar for the abolition of the
African slave trade, dated 22nd May 1849 ...
MARITIME TRIBES ... ... ... ... 238 to
Treaty concluded with Sultan Bin Suggur, Joasmee, dated 6th February
1806
LXIV. Preliminary Treaty concluded with the Arab Chief of Shargah, dated
6th January 1820
Similar engagements concluded with the Arab Chief of Rasool Khyma,
dated 8th January 1820
Arab Sheikh of Dubey, dated 9th January 1820
Arab Sheikh of Abou Dabyee, dated 11th January 1820
Arab Sheikh of Zyah, dated 15th January 1820
LXV. General Treaty of peace concluded with the Arab Tribes, dated 8th Jan-
uary 1820 • ... ;..
Sheikh of Halt and Falna, dated 8th January 1820
Sheikh of Jourat-al-Kamra, dated 8th January 1820
Sheikh of Aboothabee, dated 11th January 1820
Sheikh of Zyah, dated 15th January 1820
Sheikh of Debayee, dated 28th January 1820 ...
Chief of Shargah, dated 4th February 1820 ... ... ... ib.
Sheikhs of Bahrein, dated 23rd February 1820 ... ... ib.
Chief of Ejman, dated 15th March 1820 ... ... ... 254
Chief of Amalgavine, dated 15th March 1820 ... ... ... ib.
225
226
227
229
230
231
232
233
235
237
201
241
212
243
245
246
247
249
251
ib.
252
ib.
253
CONTENTS.
XI
PERSIAN GULF.— (Concluded.)
(Maritime Tribes.)
LXVI. Agreement entered into by the Arab Chief of Shargah, dated 17th April
1838
Similar agreements entered into by the Sheikh of Ejman ...
Ditto ditto Debayee
Ditto ditto Aboothabee
LXVII. Agreement entered into with the Arab Chief of Rasool Khyma, dated
3rd July 1839
Similar agreements concluded with the Sheikh of Aboothabee, dated 1st
July 1839
Sheikh of Debayee ... ... ... ...
Sheikh of Amalgavine ...
LXVIII. Engagement entered into with the Arab Chief of Rasool Khyma, dated
30th April 1847
Similar engagements executed by the Arab Sheikh of Debayee
Ditto ditto of Ejman
Ditto ditto Amalgavine
Ditto ditto Aboothabee
Ditto ditto Bahrein ...,
LXIX. Terras of a maritime truce for ten years agreed upon by the Chiefs of
the Arabian Coast, dated 1st June 1843
Chief of the Joasmee Tribe ;
Ditto ditto Beniyas Tribe ;
Ditto ditto Boo Falasa;
Ditto ditto Amalgavine;
Ditto ditto Ejmanee.
LXX. Treaty of peace in perpetuity agreed upon by the Arab Chief of the
Jonsmees, dated 4th May 1853 ...
Ditto ditto Beniyas ;
Ditto ditto Debayee ;
Ditto ditto Ejman;
Ditto ditto Amalgavine.
LXXI. Additional Article agreed upon by the Arab Chiefs respecting Telegraph
line and stations
Chief of the Joasmees ;
Page
254
255
ib.
ib.
ib.
256
ib.
ib.
ib.
257
ib.
ib.
ib.
ib.
258
259
261
Ditto ditto
Beniyas ;
Ditto ditto
Amalgavine ;
Ditto ditto
Ejman ;
Ditto ditto
Debayee.
BAHREIN...
262 to
266
LXXII.
Preliminary Treaty
concluded with the Sheikhs of Bahrein, dated 5th
February 1820
...
263
LXXIII.
Convention concluded
with the ruler of Bahrein, dated 31st May 1SG1 ...
204
Ml
l-OXTI
PART III.
TKEATIKS. ENGAGEMENTS, and SUNNUDS, helating to the
ARABIAN and AFK1CAN COASTS.
Page.
ADEN ... ... ... ... ... 267 to 291
LXXIV. Treaty entered into with the Sultan of Aden, dated 6th September 1802 279
LXXV. Treaty of friendship concluded with the Abdalees, dated 2nd February
1839
Treaty of peace concluded with the Sultan of Lahcj, dated 4th Feb-
ruary 1839
LXXVI. Translation of a Bond executed by the Sultan of Lahej, dated 18th
June 1839
LXXVII. Treaty of peace concluded with the Sultan of Lahej, dated 1 1th Feb-
ruary 1843
LXXVIII. Bond entered into by the Sultan of Lahej, dated 20th February 184,4 ...
LXXIX. Treaty of Commerce concluded with the Sultan of Lahej, dated 7th
March 1849
LXXX. Bond executed by Sultan Ahmed Bin Abdoolla Foodhellee, dated 8th
July 1839..
LXXXI. Bond executed by Ahmed Bin Abdoolla Foodhellee, dated 1855...
L XXXII. Engagement of peace and friendship concluded with the Akrabee Chief,
dated 4th February 1839
LXXX1II. Agreement entered into by the Chief and Elders of the Akrabee Tribe,
dated 12th April 1857
LXXXIV. Bond executed by the Akrabee Chief, dated 23rd January 18C3
LXXXV. Bond entered into by the Chief of the Oolakee Tribe
LXXXVI. Treaty of peace and friendship concluded with the Elders of the Huzza-
bee Tribe, dated 31st January 1839 ... ... ...
Bond entered into by the Sultan of the Hooshabee Tribe, dated 14th
June 1839
LXXXVII, Engagement of peace and friendship concluded with the Sultan of the
Yaffaee Tribe, dated 21st February 1839
Bond executed by the Elders of the Yaffaee Tribe, dated 8th June 1839
LXXXVIII. Engagement of peace and friendship executed by the Sheikh of the
Subeihee Tribe, dated 19th February 1839 ..
Similar engagement entered into by the Sheikh of the southern sub-
division of the Subeihee Tribe, dated 20th February 1839
LXXXIX. Treaty concluded with the Chief of Wahee, dated 2nd February 1839
XC. Engagement of peace and friendship concluded with the Sheikh of the
Abbadee, dated 18th February 1839 .. # ••
XCI. Engagement of peace and friendship entered into with the Sheikh of
Zabaree Tribe, dated 18th February 1839 ...
275
276
277
278
280
282
286
287
288
289
290
291
292
ib.
294
ib.
296
ib.
297
ib.
298
CONTENTS.
XCII.
XCIII.
XCIV.
XCV,
XCVI.
XCVII.
XCVIII.
XCIX.
c.
LXXXV.
ADEN.— (Concluded.) Pa g
Engagement entered into with the Sheikh of the Zaidec tribe, dated
18th February 1839 ...
Engagement of friendship entered into by the Sheikh of the Sherzuboe
Tribe,datedlOth March 1839
SENNA ... ... ,ftft .
••' ••• ••• ... dUO to
Treaty concluded with the Imam of Senna, dated 15th January 1821...
MACULLA'AND SHUHUR ... ... ... 308 &
Engagement concluded with the Nukeeb of Maculla, dated 14th May
298
299
307
302
309
1863
308
309
313
CI.
Similar engagement concluded with the Nukeeb of Shuhur
SH0A 310 to
Treaty of commerce concluded with His Majesty the King of Shoa,
dated 16th November 1841
ZAILA AND TAJOWRA ... ... ... 314 to 318
Treaty of commerce concluded with the Sultan of Tajowra, dated 19th
August 1840
Deed of sale of the Mussa Island executed by the Sultan of Tajowra,
dated 19th August 1840
'Treaty of commerce concluded with the Governor of Zaila, dated 3rd
September 1810
SOMALEES.
Treaty of peace and commerce concluded with the Elders of the Habr
Owul Tribe of Somalees, dated 6th February 1827
Treaty of peace concluded with the Habr Owul Tribe of Somalees,
dated37th" November 1855
Engagement entered into by the Elders of the Habr Gerhagis Tribe of
Somalees, dated 17th October 1855
Similar engagement concluded with the Elders of the Habr Taljala
Tribe, dated 17th October 1855 ...
ZANZIBAR ... ... ... ... 321 to
Letter from His Excellency the Viceroy and Governor General of India
to His Highness the Sultan of Zanzibar, dated 2nd April 1861
Translation of a letter from His Highness the Sultan of Zanzibar to
His Majesty's Consul, dated 20th June 1861...
From the Sultan of Zanzibar to the Right Hon'ble the Governor Gen-
eral, dated 25th June 1861
From His Excellency the Viceroy and Governor General of India to
the Sultan of Zanzibar, dated 22ud August 1861 ... ... ib.
310
314
316
317
320
321
291
ib.
328
325
326
328
\
CONTENTS
OF
SUPPLEMENT TO COLLECTION
OF
TREATIES, ENGAGEMENTS, AND SUNNUDS.
Page.
JYNTEAH AND COSSYAH HILL TRIBES ... 331 to 342
II. Agreement entered into by Dan Singh, Rajah of Nusteng, dated 22nd
July 1862 ... ... ... ... ... 332
Sunnud conferring the title of Rajah Bahadoor on the ruler of Nus-
teng, dated 26th January 1863 ... ... ... ... 333
CIII. Agreement executed by the Rajah of Moleem, dated 10th December
1863 ... ... ... ... ... ... 334
Similar agreement executed by the Rajah of Kyreem ... ... 337
CIV. Engagement executed by the Chief of Lungree, dated 25th January
1864 ... ... ... ... ... ... 338
Sunnud conferring the title of Rajah on the Chief of Lungree.. dated
7th June 1864 ... ... ... ... ... 340
CV. Engagement executed by the Chief of Mahram, dated 5th October
1864 ... ... .. ... ... ... ib.
Sunnud confirming the election of the Chief of Mahram, dated 5th
December 1864 ... ... ... ... ... 342
ASSAM ... ... ... ... ... 343 to 350
CVI. Engagement executed by the Meyoung Abors, dated 5th Novem-
ber 1862... ... ... ... ... ... 343
Similar agreement by the Keebany Abors, dated 16th January 1863 ... 347
CVII. Engagement executed by the Abors of Dehang Debang Doars, dated
8th November 1862... ... ... ... ... 348
BOOTAN ... ... ... ... ... 350 to 366
CVIII. Khureeta addressed to His Highness the Deb Rajah ... ... 361
CIX. Proclamation annexing the Bengal Doars of Bootan to the British
Provinces, dated 12th November 1864 ... ... ... 364
COOCH BEHAR ... ... ... ... ... 367
CX. Sunnud of adoption granted to the Rajah of Cooch Behar, dated 11th
March 1862 ... ... ... ... ib.
CUTTACK TRIBUTARY MEHALS ... ... ... 368
CXI. Sunnud of adoption conferred on sixteen Chiefs of the Tributary
. Mehals, Cuttack, dated 11th March 1862 ... ... ... ib.
xvi OOHTONTS 01 si rri.KMENT to COLLECTION 01 tukatit.s, &C.
Page.
HU11MAH ... ... ... ... ... 369 to 372
(XII. Treaty concluded with His Majesty the King of Burmali, dated 10th
November 1862 ... ... ... ... ... 269
MALAYAN PENINSULA ... ... ... 373 to 378
CXIII. Treaty of alliance concluded between the Tumongong of Johore and the
Bhandahara of Pahang, dated 16th June 1862 ... ... - 374
CX1V. Treaty concluded with His Highness the Tumongong of Johore, dated
19th December 1862 ... ... ... ... ... 376
CIS SUTLEJ STATES ... ... ... 379 to 381
CXV. Sunnud conferring the fief of Mumdote on Newab Jellalooddeen, dated
5th December 1864 ... ... ... ... ... 380
HILL STATES ... ... ... ... 382 to 384,
CXVI. Engagement executed by the Rajah of Bussahir respecting forest
management, dated 28th June 1864- ... ... ... 382
TRANS SUTLEJ STATES ... ... ... 385 to 390
CXVII. Draft of an agreement executed by the Rajah of Chumba for the lease
of the Chumba forests, dated 10th September 1864 .. ... 385
CXV III. Sunnud granted to Duleep Singh, conferring on him the State of Bughut,
dated 18th July 1864 ... ... ... ... 390
SINDIA ... ... ... ... ... 391 to 393
CXIX. Khureeta from His Highness Maharajah Sindia respecting the fort of
Gwalior, dated 29th March 1864 ... ... ... ... 391
Khureeta addressed to His Highness Maharajah Sindia, dated 12th
April 1864 ... ... ... ... ... 392
Khureeta addressed to His Highness Maharajah Sindia, dated 21st
December 1864 ... ... ... ... ... 393
APPENDICES.
Muscat.— 11 and 12 Vic, Cap. CXXVII ... ... ... ... ... HI
Sohar.— 16 and 17 Vic., Cap, XVI ... ... ... XI
Persian Gulf.— 12 and 13 Vic, Cap. LXXXIV XVIII
Slave Trade. — Instruction of the Government of India to Commanders of the
H. E. I. Company's Ships XXVIII
PART I.
TREATIES, ENGAGEMENTS, AND SUNNUDS
RELATING TO
SINDH, BELOCHISTAN, PERSIA, AND HERAT.
SINDH.
The Rajpoot dynasty who ruled in Sindh are said to have been
conquered about a. d. 711 by the Mahomedans from Arabia. About
a. d. 1025 the country was annexed to the Ghaznivide empire by Mah-
mood ; and after various changes of rulers it was incorporated into the
Delhi empire by Akbar in 1591, from which it was again dissevered in
1740 by Nadir Shah, who exacted from it a tribute of above twenty
lakhs of Rupees. After the assassination of Nadir Shah, Sindh became
subject to the Dourani emperors of Candahar.
Previous to the invasion of Nadir Shah, the Kaloras, a religious sect,
had risen to power in Sindh, and the Chief of the tribe, Noor Mahomed,
had been recognized as governor of the province. It was during the
rule of his brother Gholam Shah that the connection of the British
Government with Sindh commenced by the establishment of factories at
Tatta and Shah-bunder in 1758. In that year Gholam Shah granted
an order (No. I.) for the establishment of the factories and for certain
immunities to trade. This order was renewed (No. II.) in 1761. During
the rule of Sirferaz Khan, the eldest son of Gholam Shah, however, the
trade was so much interfered with that the British Government found it
necessary to withdraw their factories. This was done in 1775.
The violence and tyranny of Sirferaz Khan and his successors, who
from jealousy put to death three of the Chiefs of the Talpore tribe, led to
the overthrow of the Kalora dynasty. The Talpores are a Beloch tribe,
VOL. VII. b
2 TREATIES, ENGAGEMENTS, AND SUNNTJDS.
SINDH. whose Chiefs had long held the first place in the service of the rulers of
Sindh. To avenge the death of their Chiefs the Talpores rose, and,
headed by Meer Futteh Ali Khan, Talpore, expelled the Kalora ruler
Abd-ool-Nubbi. This revolution took place in the year 1786. The
measures which Futteh Ali Khan took to establish his authority alarmed
his relatives, Meer Sohrab and Meer Thara, who fled, seized on Kheir-
pore and Shah-bunder, and renounced the authority of their kinsman.
Meer Futteh AH Khan was never again able to extend his authority over
the whole province, which henceforth remained divided into three sepa-
rate principalities, viz., Hyderabad or Lower Sindh under Futteh Ali
Khan, Kheirpore or Upper Sindh under Meer Sohrab, and Meerpore
under Meer Thara. In Hyderabad, Futteh Ali divided his power with
his three brothers Gholam Ali, Kurm Ali, and Murad Ali, and from
their real or apparent unanimity the brothers received the appellation of
the Char Yar or four friends.
In 1799 the commercial intercourse between the British Govern-
ment and Sindh was revived, and Futteh Ali Khan issued an order
(No. III.) granting certain privileges in favour of English trade. But
the advantages of this trade were over-rated. The promises of the
Ameers were insincere, the representative of the British Government was
rudely compelled to withdraw, and the influence of the British Govern-
ment in Sindh was at an end. This arrogant and insulting behaviour of
the Ameers was attributed to remonstrances from Zeman Shah and
rumours of the growing power of the British Government consequent on
the fall of Tippoo Sultan.
Futteh Ali died in 1801, leaving half his territory to his brother,
Gholam Ali, and the remainder in equal shares to the other two brothers,
with corresponding obligations for paying the expenses of the State and
the annual tribute of thirteen lakhs to Cabool. In this arrangement
Sobdar, the son of Futteh Ali, received no share of power. Gholam Ali
died in 1811, and his son Meer Mahomed was also excluded from power,
which was divided between the two surviving brothers, Kurm Ali and
Murad Ali. The former died childless in 1828, leaving Murad Ali sole
ruler of Lower Sindh. He died in 1835, leaving two sons, Noor Maho-
med and Nusseer Khan. From this time till 1840 the government at
Hyderabad was divided among the four sons of the u Char Yar," Noor
TREATIES, ENGAGEMENTS, AND SUNNUDS. 3
Mahomed the Chief Meer, his brother Nusseer Khan, and their two Sixnii.
cousins, Sobdar son of Futteh Ali, and Meer Mahomed son of Gholam
Ali. In 1840 Noor Mahomed died, leaving two sons, Shadad and Hus-
sein Ali, under the guardianship of their uncle Nusseer Khan. These
were the heads of the Hyderabad family at the time of the annexation of
Sindh in 1843 — Nusseer Khan, Sobdar, Meer Mahomed, Shadad and Hus-
sein Ali between whom Noor Mahomed had divided his possessions by will.
In Upper Sindh and Meerpore the government remained undivided
in the hands of single Chiefs. Meer Sohrab bequeathed his territory to
his son Meer Roostum in 1830. Meer Thara had been succeeded the
previous year in Meerpore by his son Sher Mahomed. These two
Chiefs remained in power till the annexation.
The connection of the British Government was naturally more in-
timate with the Hyderabad family, who governed the lower valley of the
Indus, than with the more remote branches of Kheirpore and Meerpore.
After his accession, Gholam Ali deputed an Agent to Bombay, in 1803,
to apologise for the expulsion of the British Agency by his late brother.
Friendly relations, however, were not at once established in consequence
of the evasion of the demand of the British Government for compensa-
tion. But in 1808, when the British Government were concerting mea-
sures against the threatened invasion of the French and the Persians by
way of Afghanistan, it was deemed expedient to waive the demand.
Captain Seton was sent as envoy to Sindh on the part of the Bombay
government. He concluded an offensive and defensive Treaty* of seven
* Translate of a Deed of Agreement sealed and delivered by Meer Gholam Ali,
Hakim of Sindh, to Captain David Seton at Hyderabad, the 18th July 1808.
This Agreement has been drawn up in consequence of Captain David Seton, on the
part of the Honourable Jonathan Duncan, Esq., Governor of Bombay, having arrived at
Hyderabad, and having formed a firm alliance between the government of Sindh and the
Honourable Company, and the Honourable Governor aforesaid.
Article 1.
That a firm alliance shall exist between the two States, and the friends of one the
friends of the other, and the enemies of one the enemies of the other; and this shall remain
for ever.
Article 2.
When the assistance of troops is required by either of the parties, it shall be granted
when asked.
4 TREATIES, ENGAGEMENTS, AND SUNNUDS.
SINDH. Articles with Gholam Shah. The Supreme Government, however, re-
fused to ratify it, as it committed them to too close a connection with
Sindh, and they sent an envoy of their own, Mr. N. H. Smith, to make
new negotiations. A Treaty of four Articles (No. IV.) was concluded,
on 22nd August 1809, with the then surviving brothers of the Hydera-
bad family. This Treaty provided for the exclusion of the French from
Sindh, and the mutual despatch of vakeels by the British Government
and the government of Sindh. In 1820 another Treaty (No. V.) was
concluded with the two surviving brothers, Kurm Ali and Murad Ali,
by which they agreed to exclude Europeans and Americans from their
territories, and to prevent inroads into the British dominions. The sub-
jects of the two governments were to be permitted to reside in each
other's territories on condition of orderly and peaceable conduct.
On 4th April 1832 the first Treaty (No. VI.) was concluded with
the Kheirpore family. Its provisions were chiefly of a commercial
nature, Meer Boostum agreeing to throw open the navigation of the
Indus'* on the same condition as might be settled with the Hyderabad
Ameers. The terms with the Hyderabad Ameers (No. VII.) were
Aeticle 3.
That the disaffected of one government shall not he protected hy the other.
Aeticle 4.
That when the servants of the Sindh government shall wish to purchase warlike stores
in any of the ports helonging to the Honourable Company, they shall he permitted to do
so, and be assisted in their purchases, and on paying their value be allowed to depart.
Aeticle 5.
That an Agent on the part of the Honourable Company, for the increase of friendship
and good-will, shall reside at the Court of the Meer of Sindh.
Aeticle 6.
The claims on account of former loss in the time of Mr. Crow shall be dropped,
Aeticle 7.
That a British factory in the town of Tatta only, on the same footing as in the time
of the Caloree, shall, after the full satisfaction, perfect confidence, and with the leave of
this government, be established.
And through the blessing of God there shall be no deviation from this firm alliance.
Dated 1st Jemmadee-ool-Sany 1223, or 2Uh July 1808.
* Regarding trade on the Indus see Treaties with Runjeet Sing and tbe Nawab of
Bhawulporc, Vol. II., pages 231 and 355.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 5
concluded on 20th and 22nd April 1832, and provided for the passage of sixnn.
traders by the rivers and roads in Sindh, subject to fixed duties, on con-
dition that no armed vessels or military stores should be conveyed by
these routes, and that English merchants should not settle in Sindh, but
leave the country as soon as their business should be transacted. In
1834 this Treaty was modified by another (No. VIII.), which substituted
for a duty on goods a toll of Rupees 570 between the sea and Roopur,
of which Rupees 240 were to be paid to the Sindh Ameers, and the
remainder to Bhawulpore and Runjeet Sing, and provided that bulk
broken in the voyage should be charged with the local duties levied by
the respective governments within whose territories the goods were
sold.
The later Treaties with the Ameers of Sindh were more of a poli-
tical nature, arising out of the measures taken by the British Govern-
ment to re-establish Shah Suja in Cabool, to which it is necessary more
particularly to advert.
In 1836 Runjeet Sing put forward claims to a tribute of twelve lakhs
of Rupees from Sindh and threatened the invasion of Shikarpore, but
the British Government induced him to abstain from hostilities, and
offered to the Ameers of Sindh to mediate a settlement of Runjeet
Sing's claims on condition of their granting certain concessions in favour
of trade on the Indus, receiving a British Agent at Hyderabad, and con-
ducting all their relations with Lahore through the British Government.
A provisional engagement (No. IX.) was concluded with the Hyderabad
Ameers for opening the trade on the Indus and stationing a British
Agent at Shikarpore. Great repugnance, however, was shown to the
reception of a British Agent at Hyderabad. Noor Mahomed Khan
asserted that he was too weak to accept such a measure which was op-
posed to the feelings of his family and the whole Talpore tribe. But
as concession on this point was made the essential preliminary condition
of the British mediation with Runjeet Sing, the Ameer at last con-
sented, and a Treaty (No. X.) was concluded, on the 20th April 1838,
with Noor Mahomed Khan. Separate agreements to the same effect
were given at the request of Noor Mahomed to the other Ameers, Nusseer
Khan and Sobdar Khan, the object of this being to secure Noor
Mahomed Khan in the position of head of the Hyderabad family.
6 TREATIES, ENGAGEMENTS, AND SUNNUDS.
S1NDH. The 4th Article of the tripartite Treaty* between the British Gov-
ernment, Runjeet Sing, and Shah Suja, bound Shah Suja to abide by
whatever the British Government should settle regarding Shikarpore and
the territory of Sindh on the right bank of the Indus, and the 16th Article
provided that he should relinquish all claims to supremacy over Sindh
and to arrears of tribute on the condition of the payment by the Ameers
of such a sum as the British Government might determine, of which
fifteen lakhs were to be paid to Runjeet Sing. In consideration of the
advantages to be secured to the Ameers by the cessation of their depend-
ence on Cabool and of all tributary claims, they were to be required to
assist in the passage of the British armies to Afghanistan, to permit
the temporary occupation of Shikarpore, and as much territory as would
form a secure basis for the intended military operations, and to suspend
- that Article of the Treaty of 1832 which prohibited the transport of
military stores by the Indus. The Ameers were at the same time told
that any engagement on their part with the Shah of Persia would be
considered as indicative of hostile feelings towards the British Govern-
ment. The Resident in Sindh was also empowered, in the event of the
British policy being opposed by the leading Ameers, to place at the head
of the administration any member of the family whose disposition might
be friendly and who might have sufficient influence in the country to
recommend him.
With exception of Sobdar Khan, the Ameers of the Hyderabad
family manifested the strongest disinclination to comply with the de-
mands made on them. Less difficulty was found with the Kheirpore
family. Mobarik Khan, indeed, and a small party attached to him, were
subservient to the counsels of their relatives at Hyderabad. But Meer
Roostum Ali Khan, who had long manifested a desire for a treaty with
the British Government, by which he should be recognized as independ-
ent of Hyderabad, entered willingly into the British policy. A Treaty
(No. XI.) similar to that made in the same year with the Nawab
of Bhawulporef was concluded with him on 24th December 1838, by
which his territory was taken under British protection; he acknowledged
the British supremacy, engaged to abstain from political intercourse with
* See Vol. II., page 251. f See Vol. II., page 367.
TREATIES, ENGAGEMENTS, AND STJNNUDS. 7
other States, was guaranteed in the independent administration of his sindh.
territory, and engaged to assist in the passage of troops through his ~
territory, and to cede temporarily the fortress of Bukker as a depdt for
treasure and munitions of war. Subsidiary agreements were at the
same time given to the other Ameers of the Kheirpore family, Mobarik
Khan, Mahomed Khan, and Ali Murad Khan. It was at first intended to
exclude Mobarik Khan from these arrangements in consequence of his
avowed opposition to the British Government, but at the request of
Roostum Ali Khan, a guarantee was given to Mobarik Khan as well
as to the other Ameers.
In the mean time much opposition was experienced by the Resident
at Hyderabad. The Ameers manifested the utmost repugnance to admit
the pecuniary claims of Shah Suja, and pleaded that the Shah had
already granted them releases* written on the Koran from all tributary
* Shah Suja-ool-molk to Murad Ali Khan.
As the slaves of the presence are now about to proceed to conquer Khorassan and Iran,
I have entered into the following Treaty, which I swear by God and the Koran to abide by.
I will not remain above fifty days at Shikarpore, and will encamp on the Baghi Shahee. At
the close of the above period, the slaves of the presence will move into Candahar, and I
bestow Sindh and Shikarpore and their dependencies on you and your heirs and successors
in the same manner that you now hold them. They shall be your territories and property.
There shall be no oppression of the smallest degree, and, besides that, the royal favor will
be greatly extended towards you, so that all the world may know it. This Treaty is vouch-
safed on the Koran for your perfect satisfaction.
Written the 1th of Mohurrum, 1209 Hegira.
(The King's Sign Manual).
N. B. — The following remark is written in the hand-writing of the King himself: —
" This treaty is confirmed by the Koran. The royal slaves have bestowed of their own
free will and pleasure the country of Sindh and Shikarpore as a jaghire on Meer Murad
Ali Khan."
Shah Suja-ool-moolk to the Ameers Noor Mahomed and Xusteer Mahomed.
I hereby, in the name of God and by the sacred Koran, make this agreement, by whioh
I bestow on you the country of Sindh and Shikarpore, and all their depnedencies, u a
jaghire, which you are to enjoy and hold generation after generation. The said country will
remain with you for the future, and no sort of oppression, however small, shall be attempt-
ed or practised. The friends and enemies of the King shall be considered your friends
O I'K KATIES, ENGAGEMENTS, AND SUNNUDS.
sindh. payments. Sobdar Khan was throughout friendly in his bearing, but
the other Ameers, more particularly Noor Mahomed and Nusseer Khan,
acted with deep duplicity. While professing a strong desire for cordial
friendship, they were holding secret intercourse with Persia. They
threatened in a most insolent manner to oppose the passage of Shah
Suja, permitted the Resident to be insulted and stoned, gave secret
orders that no assistance should be rendered to the British force from
Bombay, and tampered with the Nawab of Bhawulpore to seduce
him from the alliance which he had just concluded with the British
Government. The paramount importance, however, of hastening the
completion of the measures for the occupation of Afghanistan induced
the British Government to abate its demand, provided they could secure
the passage of troops. The Resident therefore offered to the Ameers
a Treaty framed on the principle of establishing the distinct independ-
ence of each of them and stationing a British force, to be subsidized,
in the country, with the exemption of Meer Sobdar Khan from all
payment on account of the expenses of that force. The Treaty was
rejected by the Ameers, and every* appearance of open hostility was
exhibited. Preparations were made to attack their capital, when the
Ameers assented to the demands made on them and signed the Treaty.
But as a punishment for their hostility, a new condition was insisted on,
that the Ameers of Hyderabad, with the exception of Sobdar Khan,
should pay seven lakhs of Rupees each, being twenty-one lakhs in all,
to Shah Suja, as the condition of their* exemption from further claims.
While these events were occurring at Hyderabad, the reserve force
from Bombay was fired on while approaching Kurrachee, and their
landing was opposed. Fire was, therefore, opened on the fort, the sea-
and enemies. Should you require any assistance in the way of troops on account of Sindh
and Shikarpore, it shall be afforded from the royal army agreeably to your wishes. The
slaves of the presence have no sort of claim or pretensions on Sindh or Shikarpore and their
dependencies, nor will any be made. The Treaty which the fortunate slaves wrote with
the royal hand- writing on the sacred Koran, in the name of Murad Ali Khan, of blessed
memory, is renewed, as well as what is herein stated to you, and not a hair breadth's differ-
ence shall occur in it. The royal favour and approbation shall be bestowed and showered on
you beyond that shown to the other well-wishers of the King.
(Signed by the King's Sign Manual in red ink.)
TREATIES, ENGAGEMENTS, AND SUNNTJDS. 9
face of which was levelled with the ground. The fort was taken, and sindh.
the Governor of the town was required (No. XII.) to give over mili- "
tary occupation of it to the British Government.
The Treaty which had been concluded between the Resident and
the Ameers was not confirmed in its entirety by government. Several
modifications were made in it, and it was reduced from 23 to 14 Articles,
and the revised Treaty (No. XIII.) signed by the Governor General
was offered separately for the acceptance of the four Ameers. After
some demur the Ameers signed it, being chiefly induced to do so by
the example of Meer Sobdar Khan.
In the mean time Sher Mahomed Khan, of Meerpore", also expressed
a wish to enter into a Treaty with the British Government. His ob-
ject was to obtain the same terms as had been granted to Sobdar Khan
of Hyderabad, that is to say, exemption from all payments towards
the subsidiary force. Government, however, refused to treat with him on
such terms, and required a payment of half a lakh a year. To this the Ameer
assented, and a Treaty (No. XIV.) was concluded with him in June 1841.
Delay and difficulty soon began to be felt in realizing the tribute
from the Ameers, and Lord Ellenborough, deeming the demand of pecu-
niary tribute from Native States to be a constant cause of misunder-
standing, resolved to commute it, whenever possible, to a cession of land.
In pursuance of-' this policy, negotiations were opened with the Ameers
for the cession of Shikarpore in lieu of the tribute. Meer Nusseer
Khan of Hyderabad readily offered to cede his own share of Shikar-
pore and that of his late brother Noor Mahomed on condition of being
allowed to retain the nominal sovereignty. The negotiations were nearly
concluded, when the first news of the disasters at Cabool arrived and
produced an entire change of feeling in the Ameers, and induced them
to break off the discussion. Meer Roostum Ali of Kheirpore and
Nusseer Khan of Hyderabad also began to intrigue for the expulsion
of the British forces from Sindh. They were therefore distinctly warned
that on the day on which infidelity to their engagements might be
proved, their territories would pass from them.
In August 1842 Sir C. Napier was appointed to the military
command in Sindh and Belochistan, and invested with authority over
all civil and political officers in these territories. Besides the suspicion
VOL. VII. c
10 TREATIES, ENGAGEMENTS, AND St'NNUDS.
SINDH. of the fidelity of the Ameers, there were other circumstances arising out
of a misunderstanding of those Articles of the Treaty relating to trade
which called for a revision of the engagements. The most important
discussion related to the interpretation of the 11th Article. The Ameers
insisted that the Article exempted only foreign boats from duty on the
Indus, while the British Government maintained that all boats, as well
those of Sindh as of other States, were entitled to pass duty free. The
objects which, under the instructions of government, were to be kept
in view in any new engagement with the Ameers were the free navi-
gation of the Indus, the cession of territory in exchange for tribute, the
establishment of a uniform currency in Sindh, and the cession of terri-
tory to the Nawab of Bhawulpore, who throughout the disasters in
Afghanistan had remained faithful to his engagements. A draft Treaty
embodying these demands was offered to the Ameers towards the close
of 1842. Naturally enough the most serious remonstrances were made
against the measures which government proposed to force on them.
There seemed no hope of an amicable settlement. The British troops
were advancing to enforce the demands, and on 9th February 1843 the
Ameers intimated their willingness to subscribe the Treaty if Roostum
Ali Khan, of Kheirpore, were restored to his rights of which he hud
been deprived by his younger brother Ali Murad.
Meer Sohrab, of Kheirpore, had retired from public life in 1811,
and abdicated in favour of his son Meer Roostum Ali. But by his will,
which he made in 1829, he divided his territory among his sons in four
shares, of. which Meer Roostum, as the successor to the " Turban" or
government, held two, and Mobarik Ali and Ali Murad were to receive
one each. Ali Murad, who was an infant at the time of his father's
death, and was committed to the care of Mobarik Ali, always believed
himself to have been defrauded by his guardian. However this may
be, he received* from the British Government in 1838 a separate gua-
rantee for the States he held in Kheirpore. Mobarik Ali died in 1839,
but the dispute was inherited by his son Nusseer Khan, with whom Meer
Roostum Ali sided. In September 1842 the brothers met in battle.
Roostum and Nusseer Khan were defeated, and signed the Nownahar
* See above, page. 7.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
11
Treaty,* by which they assigned nine villages to Ali Murad, seven of which
belonged to Meer Roostum and two to Nusseer Khan. When Sir C. Napier
arrived in Upper Siudh, Ali Murad complained to him that his brother
Roostum was endeavouring to secure the succession to the Turban to one
of his own sons to the prejudice of Ali Murad's right. Sir C. Napier
sin mi.
* Translation of the Treaty made between Meer Roostum Kuan, Talpore, and Mker
Am Murad Khan, Talpore, as written on the Koran, which was produced by Ali
Murad to the Commission in 1850.
In the name of the Most Merciful and Compassionate God.
May the God of the Universe be praised !
Meer Saheb Meer Roostum Khan, Talpore, made peace and bound himself by promise
with Meer Ali Murad Khan, Talpore, to this effect, that as a dispute arose between Meer
Ali Murad Khan and Meer Nusseer Khan on the subject of the boundary of Soondurbealy,
in which Meer Nusseer Khan was proved to have encroached, Meer Ali Murad Khan
having expended lakhs of Rupees came to fight with Meer Nusseer Khan. In the mean
time, in order to put an end to disturbances, and considering the expense in cash and
jaghires which Meer Ali Murad Khan has incurred on account of his army, I give over the
villages of Khanwahun, Abayanee, Bucha, Daree, Ghurukna the villages Rayna and Paleeja,
with my free will, and that of Meer Nusseer Khan to Ali Murad Khan, that he may enjoy
them from the commencement of the season Khureef 1253, and I (Meer Roostum) will
depute a vakeel to get this Treaty sanctioned by the British Authorities. I will never
cause any molestation against the said villages; neither my sons nor Meer Nusseer Khan, nor
his relations, will raise any claims to this country. If they attempt to do so they are false ;
and as regards the villages of Pupurlooee, Obree, and Shah Bella, Mahomed Obag and
Mahlanee, which are the right of Meer Ali Murad Khan, although they were in the posses-
sion of Meer Mobarik Khan, Meer Ali Murad Khan has got them back through the British
Government ; neither Meer Nusseer Khan nor his children are to set forth their claims to
the said villages, or apply to the British Government for them. If they attempt to do so,
they are false, and I, together with my sons, shall take part with Meer Ali Murad Khan,
as he is in the right, and the boundary of Soondurbealy, as may be settled by the Ameers,
I will give into the possession of Meer Ali Murad Khan. There is no difference in this
Treaty, nor will any be made. God is witness.
Roostum
Fuqueer,
Talpore.
Meer Ali
Akbar Khan,
Talpore-
Meer
Nusseer Khan,
Talpore.
Bated 9th Shaban 1258-
12 TREATIES, ENGAGEMENTS, AND SI'NNUDS.
SINDH. replied that by Treaty the chieftaincy belonged to Meer Roostum for life,
but that at his death it would be transferred to Ali Murad. With this
assurance Ali Murad seemed satisfied, and from that day he attached
himself firmly to the British interests. When the British army was
advancing to enforce the demands contained in the draft Treaty, Meer
Roostum offered to come into Sir C. Napier's camp and to put himself
under his protection. He was told he should rather seek the protection
of Ali Murad. He did so, and shortly afterwards it was reported that
he had resigned the Turban to his younger brother, and that he had
written the resignation* in the most solemn manner in the Koran. The
Corr of the Treaty of Nownahar written on the leaf said to have heen extracted from
the Koran.
Translation.
In the name of the Most Merciful and Compassionate God.
May the God of the Universe be praised !
Meer Saheb Meer Eoostum Khan, Talporc, made peace and hound himself by promise
with Meer Ali Murad Khan, Talpore, to this effect, that as a dispute arose between Meer
Ali Murad Khan and Meer Nusseer Khan on the subject of the boundary of Soondur-
bealy, in which Meer Nusseer Khan was proved to have encroached, Meer Ali Murad
Khan having expended lakhs of Rupees came to fight with Meer Nusseer Khan. In the
mean time, in order to put an end to disturbances, &c, considering the expense in cash and
jaghires which Meer Ali Murad Khan has incurred on account of his army, I gave over
the villages of Khanwahun, Abayanee, Bucha, Darce, Ghurukna, the villages Rayna and
Paleeja, with my free will, and the village Dadloo, and pergunnah(rt) Mathela with my own
free will and that of Meer Nusseer Khan.
(a) The word " deh" appears hero to have been altered to " Pergunnah," and in attempt-
ing to make " bu-mirzee" into " Mehurkee," the papers seem to have been spoiled.
* Praise bo to God and blessings on the prophet and his family !
Meer Roostum Khan, Talpore, has made a compact, and formed a Treaty with Meer
Ali Murad Khan, Talpore, to the following effect : — At this time during the supremacy of
the powerful and exalted English Government, and from the autumn of 1253, I Meer
Roostum Khan, of my own freo will and pleasure, according to the rule and custom of die
Chiefs of Hyderabad, present to Meer Ali Murad Khan (who is worthy of the Chiefship)
the Turban of the Chiefship and brotherhood, with the control of the whole of my country,
with the (sur shemeari) capitation tax, (meer luchurce) river dues, and (jayeya) tax on
others than Mahomedans, and farms, and tolls, and fisheries, as specified below, so that during
my life-time, having occupied the seat of Chiefship, he may take into his entire possession
the countries specified below. No one of my sons or nephews has or shall have claim or entry
in this same Turban and this same country, which I of my free will and pleasure bestow in
TREATIES, ENGAGEMENTS, AND STJNNUDS. 13
resignation was made after Meer Roostum had taken from AH Murad an siNDH.
engagement* securing a provision for himself, his sons, and his nephews. ~
When Sir C. Napier heard of the resignation, he asked an interview with
gift. If any one advances a claim, lie is a liar. The administration of affairs, the control
of the army, the negotiations with the English, all now depend on the will of Meer Ali
Murad Khan. In this compact the oath of the Koran is used ; there shall not be the
variation of a hair's hreadth. God is a sufficient witness. Written on the 17th Tekiad 1258
A. h. (December 20th, 1842) ; 1st, Pergunnahs Kholiara Chehoor, Alleearcea, and Kuhtera;
2nd, Pergunnahs Nowshera Praze ; 3rd, ditto Kundbarra, with Cherporo and Laharce ;
4th, Sud Kokun ; 5th, ditto Meerporc, Manhilas, and Kunoorkce; 6th, sandy territory in
Rene and Nara; 7th, forts Shahgurh, Sirdashgurh, and other forts; 8th, Pergunnahs
Obara, Khcirpore, Hurkee; 9th, ditto Imamwahj 10th, ditto Bahoonuck and Burah; 11th,
one-third of Subzul and Pergunnah Moozucka ; 12th, Pergunnah Shikarpore Mor Ah ; 13th,
ditto Roopa; 14th, ditto Bulbudka; 15th, ditto Chuck Moozargah; 16th, ditto Kushmoor.
* I, Meer Ali Murad, Talpore, requested Meer Eoostum Khan, on account of his old age
and weakly state, to abdicate the Turban in my favour and give over in writing all the
country; that I would be responsible in every way to the British Government. The Meer
consented to abdicate the Turban and to give over in writing the whole country and also
the fortresses, but he required that I would agree to four Articles, after which he would
give over to me in writing the whole country. These Articles are as follows : —
Article 1.
That the country north of Eoree, according to the proclamation, belongs to the British.
Abticle 2.
The country belonging to the sons of Meer Mobarik Khan.
Article 3.
The country belonging to the sons of Meer Eoostum Khan.
Article 4.
My (that is, Meer Eoostum's) expenses.
I consented to the above Articles, taking upon myself the wholo responsibility. I do
now declare, giving the same in writing, that if the British Government remonstrate with
Meer Eoostum Khan and demand why he made over the country north of Eoree to Meer
Ali Murad, I will be answerable and satisfy the English Government. If they demand the
country, I will give it up, but I will not allow Meer Eoostum Khan to suffer one word
of annoyance. To the sons of Meer Eoostum Khan, whom I look upon as my own brothers,
I will restore their jaghires ; I will in no way depart from this. To take one span of their
lands is unlawful. I have no claim whatsoever to their jaghires ; it is their right, and
their right they shall receive. The country belonging to the sons of Meer Mobarik Khan
should I not take, the British Government will. I will, therefore, now appropriate their
country, which I will afterwards make over to them. I have no claim whatever on their
country ; one single span of their country in my possession would be unlawful; the country
14 TKKATIE8, ENGAGEMENTS, AND SUNNUDS.
SINDH. Meer Roostum. Bat the Ameer did not wait for it. He fled to the
desert, and Ali Murad was recognised by Sir C. Napier as Chief of
Kheirpore. It was for the restoration of Meer Roostum to the rights
of which he had been thus deprived, involuntarily as was afterwards
proved, that the Ameers stipulated as the condition of their signing the
proposed Treaty. Major Outram, the British Commissioner, had no
power to re-open this subject. At last, on 14th February, the Ameers,
except Nusseer Khan of Kheirpore, signed the Treaty (No. XV.) leaving
Meer Roostum's rights to future investigation. Next day the residence
of Major Outram was attacked by 8,000 of the troops of the Ameers.
After a most gallant defence the escort made their way to the main
army. The battles of Mianee and Dubba subjected the whole of Sindh
to the British Government, with the exception of the possessions of Ali
Murad, who was established as Chief of Kheirpore in the territories
which belonged to Meer Roostum, both by inheritance and in right of the
Turban, as well as in the lands of which he himself stood rightfully
possessed at the time of the conquest.
As all the territory of Sindh, with the exception of the portion to
be continued to Ali Murad, was confiscated by the British Government,
it of course became Ali Murad's interest to establish his right to as large
a portion of the lands of Kheirpore as possible. To effect this he
attempted to alter that clause of the Treaty of Nownahar, which con-
ferred on him two villages belonging to Nusseer Khan, in such a manner
as to secure for himself large districts of the same name instead of
is their right, and their right they shall receive. As for Meer Roostum Khan, his family,
servants, male and female slaves, I will provide for all either in land or in money ; nothing
shall be deficient. I will serve him as he wishes. These Articles I have written out in the
form of a Treaty that hereafter they may remain as proof, and that no differences may occur,
God is my witness.
Bated the \§th Zilcadah 1258, A. D. 19/7* December 1842.
Postscript — Meer lloostum Khan to retain possession of Kheirpore for life.
Dated as above. Confirmed.
Meer Ali
Murad's
Seal.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 15
insignificant villages. In doing so the leaf of the Koran on which the SIN ML
Treaty was written became spoiled. The leaf was therefore extracted No7lT
and the Treaty was written on a fresh leaf in such a way as to suit Ali
Murad's purpose. This fraud was clearly established by a Commission,
which met in 1850 to investigate the matter, and as a punishment for it
Ali Murad was degraded from the rank of Rais of Kheirpore, and
deprived of all his territories, except those which he inherited under his
father's will. The revenue of his present possessions is estimated at
Rupees 3,50,000. He enjoys first class jurisdiction, having power to try
for capital offences any persons except British subjects.
After the conquest the deposed Ameers were removed from Sindh
and pensions were granted them by the British Government. With the
exception of Sher Mahomed, of Meerpore, all are dead ; but their descend-
ants continue to receive liberal pensions. Most of the members of the
Talpore family have been permitted to return to Sindh. The pensions
at present drawn by the different members of the family amount to
Rupees, viz. : —
Kupees.
The Hyderabad family ... ... ... 1,73,013
The Kheirpore family ... ... ... 1,79,540
The Meerpore family ... ... ... 60,200
Total ... 4,12,753
No. I.
Pebwannahs, &c., from the Pbince of Sindh in 1758.
No. 1 .—Copt (attested by Codjee Mahomed Yaya) of the Perwannah from
Gholam Shah Abassie, dated the 22nd September 1758.
Be it known to all commanders, officers, fuqueers, farmers, and inha-
bitants of Durat, Laree-bunder, Aurunga-bunder, Garranchere Darajah,
Chavatra Massotic, Nakass, Barbundie, Galabajar, Agur, Goozer Rajah
Gunt, Johibar, Sarkar Chachagom, Charcarhallow, Nassepore, Holcandy,
Sarkar Soviston, Coodabage, Sarkar Nohorey Abey, &c, places belong-
ing to Sircar, that Mr. Sumption, gomastah belonging to the Honour-
able English Company, informed me here that on all the goods he
No. I.
16 TREATIES, ENGAGEMENTS, AND SUNNUDS.
STXDH. purchases and sends for the Honourable Company to Bombay he pays no
more than one and a half per cent, customs on the market price, which
I hereby confirm, and order that no more than that custom may be
received of him as usual, but on all Europe goods which shall be sent
from Bombay for Coodabage, Laree, Multon, &c, half of what customs,
&c., charges (such as passports, convoy, lodging, Duan Towff, Canah, &c.,)
the Multon merchants pay; and should there be such goods as the
Multuny never cany, and be it possible to know the customs and
charges on them, they (the English) are to pay half of what any of the
considerable merchants used to pay on the same ; but nobody is to de-
mand any thing more. And the same customs, &c, as are above
mentioned they are to pay on the hing, indigo, &c, goods which they
never bought before ; and they are also to pay one and a half per cent,
customs on the saltpetre, be it bought by themselves or by anybody
for them in the Sircar's place, or anywhere else ; but no officers, farmers,
&c., are to demand any thing more from them, but let them carry on their
trade unmolested. And I further order that should their goods not be
disposed of and they want to carry them back, no customs shall be de-
manded thereon, nor on any provisions which Mr. Sumption shall send
from any place on board their ships for their maintenance. They are
also not to demand any thing for their gardens, nor in any shape molest
their gardeners, boats, vessels, &c, or send them on any Sircar's busi-
ness ; and it is also ordered that their chests of linen may not be opened,
or the least hindrance shown them in passing and repassing, it being
contrary to our rules ; and in short, no one shall presume to make any
new customs to their prejudice, or in any shape put any affront on them
or their people. Thej have also free liberty to provide any sort of grain,
and sell the same and any European goods at any rate they please.
The customs on the dubbers of ghee, oil, &c, as also on the chests and
pots of goods, are to be charged conformable to the weight they put
on each dubber, chest, or pot, without weighing them again ; and the
customs on the elephants' teeth are to be received on the amount of sale
when they are sold. And should Mr. Sumption either buy or build a
house or warehouse at Aurunga Bunder or at Tatta, my said people are
to give him all the assistance they can, that it may cost him only a
reasonable price, and he is to have all the encouragement for carrying on
TREATIES, ENGAGEMENTS, AND STJNNUDS. 17
his trade, as it will be an advantage to the government; but no other sixnir.
Englishman shall have a house or any encouragement. And as it is very w L~
necessary that I should encourage and please the English, I hereby order
that an entire compliance may be shown to this without demanding any
new order every year.
No. 2.— -Translation of Gholam Shah, Prince of Sindh's Perwannnh, for the
Honourable Company's customs, privileges, &c, at Sindh, dated 22nd
September 1758.
To all Fuqueers (a term for the Scroys, or people of the Prince's caste,
inhabitants of the upper part of the country), Diredars, Muttaseddees
that are at present or shall in future come into offices of the customs,
whether under the sovereign power, or farmed out at the Dirt or (Tatta
custom-house), Laree-bunder, Aurunga-bunder, Garranchere Darajah, Cha-
vatra Massotie Nakass, Barbundie, Galabajar (or grain custom-house),
Agur, Guzer Rajah Gunt, Johibar, Sarkar Cachlon Charcarhallow (names
of countries), Sarkar Nassepore, Holcandy, Sarkar Soviston, Coodabage
Ruree, and all other places within my dominions : Know ye (or observe)
that the wealthy, true, faithful, and friendly Mr. Sumption, English
Agent here, has made application or requested that the honourable, great,
noble, and highly esteemed English Company of India and Bombay
may, on whatever trade or merchandize they transact goods, import or
export, buy or sell, pay only one and a half per cent, customs on
the valuation of the real price of the place, which I have condescended
to and hereby grant; furthermore, that the gomastah (or agent) for
the said Honourable Company of India may have the privilege, on whatever
goods he imports from abroad, and chooses to export up the country to
Coodabad Ruree, Multon, &c, to receive a putta (or permit), and what-
ever goods he may purchase there or above, to pay only the above-
mentioned customs; and of the Lauvasma (or customary charges) on
the putta goods, such as Rawdarree, Deradarre, Munket, Nut, Furhutt,
Nungana, Dusturehoy Duana, Moota, at Coodabad, Circarwarry, Donnee,
and other Nosem Kalsay Duanna Pescharry, Joab Khanna, &c, the
half only of what paid by the Company of Multon merchants, which
VOL. VII. d
18 TREATIES, EX<; \'.l Ml \TS, AND SUNNUDS.
sin nil. is rot[iiiro(l to be duly observed, and at any place, or wherever there
go, I. be not a settled custom on the Multon merchants, the half only of
what is paid by others, the greatest or principal merchants, and at your
peril not to ask, demand, or receive more ; and if the aforesaid Agent
should purchase, bring down, and export out of the country, from Tatta,
hing, indigo, or any other goods which he may not formerly have
dealt in, or hath a settled custom for, to receive only the above-men-
tioned customs and rates by the Custom-master, Duanna, &c, as aforesaid,
and more (on no terms) to ask or demand. And furthermore, if the
above said gomastah or agent should, in any part within the extent of
my dominions, of himself extract or purchase from others saltpetre,
the customs on the true valuation, at the price of the place, with all
customary charges included, I have settled and affixed thereon, viz., in
whatever place, within my government or dominions, that he may ex-
tract or purchase, to receive on it, in that place only, the above said cus-
tom of one and a half per cent. ; and that my Muttaseddees, Custom-
masters, Diredars, Radawrs, Guzervans do not, on any pretence of cus-
toms or customary rights, customs on boats, Moressor or Misseree on
ditto boats, Chitts, or other usual customs, in no place within my terri-
tories, give any impediment to them ; but the above said gomastah may,
without trouble and in a satisfactory manner, carry on and transact his
business without molestation ; and that no other person may be permit-
ted to export the aforesaid commodity, and that whatever goods he may
import here and not meet a sale for, if he, sooner or later, first or last,
export them again, by no means to demand any customs, charges, &c,
or give any impediment to their exportation.
And at the time of their ship's arrival at any of my bunders (or
ports), if they should purchase provisions for the English and lasears
of their ships, such as bullocks, cows, goats, sheep, or other necessaries,
at Tatta, or from out of the country, and export in ships, on no terms
to ask, demand, receive, or give the least trouble concerning customs
thereon. Furthermore, for customs or other customary dues on the Eng-
lish garden, which they may keep for their pleasure, to give no trouble,
or make any demands thereon, nor let their gardener be subject to be
pressed or molested on any occasion, as you are to observe I hereby
exempt them therefrom; and the chests of wearing clothes of the
TREATIES, ENGAGEMENTS, AND SUNNUDS. 19
English, and other necessaries they may bring* or carry with them, you SIN oil.
are on no terms to give them trouble about opening, or demand the sight £ ,. j .
of, on any pretence whatever.
And for customs of Moree, Misseree, &c, on their boat they may
hire or keep to go to and fro m, not to ask or make any demand on ; and
on their servants, and those under their protection, by no means to re-
ceive or give them any trouble, on account of head-money, or other dues
of any kind, received from my subjects, or for any other new customs or
demands that may arise or be collected in my country.
And for any Nirkana (customs on rice) or leave of carrying to their
house of grain, sold in Tatta or Nungana, on cotton imported from
abroad, to make no demand or give any trouble thereon ; and for Nun-
gana on ghee and oil, agreeable to the custom of maund, for a dubber, to
make account as usual and receive the customary dues ; and whether it
is put in small buttaroes or larger jocks, or in other vessels (larger or
smaller) to make account on the customs of maunds, eight maunds per
dubber ; and on the Lauvasma, or customs on the sale of elephants'
teeth, to receive, when sold, the usual custom of nine per cent, paid by
the buyer and no more.
And if the aforesaid gomastah (or agent) should, at Tatta or
Aurunga-bunder, choose to buy or build a house for a factory, do you
give him all the assistance, to the utmost of your power, to assist and
forward him therein, and at the least expense, that they may settle in
my country, in a strong secure factory, to their satisfaction, so as to
trade with spirit and without apprehension, to the increase of revenues and
advantage of my country ; and that no other Englishmen be permitted
those favours; and that they may at pleasure, and without control,
receive the customary dues and privileges of their factories. As the bestow-
ing favours and continuing friendship with the English is desirable in
my presence, therefore insist that due regard (in every respect) be paid
to the above Sunnud, and no demand made for new ones.
Baled at Ahmedalad, in Sind/i, IWt Maharim, 1172 of the
Hegira, or Sejrtemher 22nd, 1758.
20 TREATIES, ENGAGEMENTS, AND SUNNUDS.
SINDII. No. 3.— Lbtteb from Gholam Shah, Prince of Sindh, to Mb. Eobebt Sumption
No, l dated 11th December 1758.
I now inform you that I am arrived with all my forces in the fort
of Shah-bunder, and have determined to collect no customs (not even a
single pice) on the goods that any King's merchants may bring to Shah-
bunder, but on all exported from hence they are to pay the usual customs.
You may be sure of this my determination, and import goods from any
parts to trade here.
I hope you will soon send your man here to choose a place for build-
ing a house or factory.
No. 4. — Obdeb from Gholam Shah, Prince of Sindh, to his Metah Coostamdas,
dated 18th December 1758, and attested under the Codjee's Seal.
You are hereby ordered not to demand any customs on the goods
which Mr. Sumption may import, and likewise to let him have any
place which he may choose for building a factory on. Give him all the
assistance in your power, and be a friend to him, that he may think
himself at liberty in carrying on his trade for the good of the port.
No. 5. — Copy (attested under Codjee Mahomed Yaya's Seal) of the Perwannah
from Gholam Shah Abassie, dated 18th Maharim, or 22nd September 1758.
Be it known to all commanders, officers, farmers, and inhabitants
of Durat Laree-bunder, Aurunga-bunder, Garranchere Darajah, Cha-
vatra Massotie, Nakass, Barbundie, Galabajar, Goozer Rajah Gunt,
Johibar, Sarkar Chachlon Charcarhallow, Sarkar Nassepore, Holcandy,
Sarkar Soviston, Coodabage, Sarkar Lorah, &c, places belonging to
Sarkar, that Mr. Sumption, gomastah, or agent, did, for and in behalf
of the Governor belonging to the English Company of India and
Bombay, inform here that on all the goods he purchases and sells for
the Honourable Company he pays no more than one and a half per
cent, customs on the market price, which I hereby confirm, and order
that no more than that custom may be received of him as usual ; but
TREATIES, ENGAGEMENTS, AND SUNNUDS. 21
on all Europe goods which may be sent from Bombay here and hence SINDH.
to Coodabage, Laree, Multon, &c, or any brought from thence, they No. L
are to pay on the same half of what customs and charges (such as
passports, convoy, lodging, duan towff, canah, choukey, &c.,) the Mul-
ton merchants pay ; and should there be such goods as the Multuny
never carry, and it be impossible to know the customs and charges on
them, they (the English) are to pay half of what any of the consider-
able merchants pay on the same, but nobody is to demand any thing
more; and the same customs, &c, as are above mentioned they are to
pay on the hing, indigo, &c, goods which they never bought before ;
and they are also to pay one and a half per cent, customs on the salt-
petre, be it bought by themselves or by anybody for them in Sircar's
place or anywhere else ; but no officers, farmers, &c, are to demand any
thing more from them, but let them carry on their trade unmolested ;
and the above-mentioned goods nobody else shall have liberty to buy.
And I further order that should their goods not be disposed of and they
want to carry them back, no custom shall be demanded on them, nor on
any provisions which they may provide at Tatta, &c, places, to send
on board their ships for their maintenance. They are also not to demand
anything for their gardens, nor in any shape molest their gardeners,
boats, vessels, &c, conveyances, or send them on any Sircar's business ;
and it is also ordered that their chests of linen may not be opened, or
the least hindrance shown them in passing and repassing, it being con-
trary to our rules ; and in short, no one must presume to make any new
customs to their prejudice, by any former rules or rates, or in any shape
put any affront on them and their people. They have also free liberty
to provide any sort of grain, and sell the same and any Europe goods
at any rate they please. The customs on the dubbers of ghee, oil, &c,
as also on the chests and pots of goods, are to be charged conformable
to the weight they put on each dubber, chest, or pot, without weighing
them again ; the customs on elephants' teeth are to be received on the
amount of sale, when sold, at the same rate as was usual in the time of
the Prince Mahomed Murad; and should the Governor either buy or
build a house for a factory at Aurunga-bunder or at Tatta, my said
people are to give him all the assistance, that it may cost him a reason-
able price; and he is to have all encouragement for carrying on his >
22 TREATIES, EXC; \c i:\ll NTS, AND SUNNUDS.
SIN PH. trade, as it will be an advantage to the government; but no other nation
i & II. that wear hats shall have permission for it] and as it is very necessary
that I should encourage and please the English, I hereby order that an
entire compliance may be shown to this without demanding any new
order every year.
No. II.
Three Perwannahs from the Prince of Sindh, 1761.
A Teewannah granted by Gholam Sitah, Prince of Sindh, on the 22nd
April 1761.
Be it known to all Fuqueers, Governors, or other officers, who now
are or hereafter may be in authority in the department of customs or
farms at Tatta, Shah-bunder, Aurunga-bunder, Carrachere or Darajah,
the customs on cattle, &c, called Nekass, package, grain, Bazar customs
on leather, and the Grott Chuabar, the Sircar of Cachlon and Charcar-
hallow, the Sircar of Nasseepore, &c. Holcandy, the Sircar of Sevastan,
Coodabad Kuree, and all other places within our dominions, that the
noble Mr. Erskine, an Englishman, and Resident for affairs of the potent,
magnificent, and Honourable English Company in Sindh, being come
to our court for the more firmly establishing the factory of his superiors,
has requested, and we have, on account of the strict friendship subsisting
between us and the said Honourable Company, granted, and do hereby
particularly order that besides the English, no other Europeans shall
either import or export goods or merchandize, or come and go upon
that account within the dominions of Sindh, or the Soubah of Tatta
and Buchor, or any other of the bunders under our authority.
Whatever goods or merchandize belonging to the said factory ov
its dependants shall be imported at any of the bunders are to be
exempted from paying any import customs, agreeable to our former
grants, and therefore none are to be demanded. If they cany goods
either from the Bunders to Tatta, up-country, on paying the customs
they did formerly, certificates must be given them, and nothing further
is to be demanded, on any account, that they may cany on their trade
TREATIES,, ENGAGEMENTS, AND SUNNUDS. 1:>
with case and satisfaction. Whatever goods they may export from any si \ mi.
of the bunders are to pay one and a half per cent, agreeably to our No jL
former perwannah; or if goods are purchased by them and exported
from Tatta, they are to pay such customs as were before usual, and
nothing further is to be demanded. No other merchant but the aforesaid
Resident is to purchase for exportation any of the saltpetre that may be
produced in Scindy, or within our dominions ; or if the}* purchase and
export this article they shall be punished in such a manner as shall
deter them for ever again interfering in that trade. Whatever saltpetre
the aforesaid Company's Resident shall either extract in any part of our
dominions, or purchase of other merchants, and refine, the custom
farmers, at such places, shall receive the customs thereon as formerly,
that the said Company's dependants may carry on this trade to their
satisfaction. If they dispatch their own dingeys, gallivats, or other
vessels to the Bar, after proper precautions, permissions shall be granted,
and they meet with no impediment, which is to be strictly observed ; or
if their said vessels are sent up and down the river on their factory
business, and passing under Shah Gurh, or by the guard-vessels, &c, on
permission granted, they are not to be stopped, that they may come
and go without trouble. Should it happen, which God forbid, that
any of their ships, gallivats, boats, &c, should run ashore, or be wrecked,
either on our bars, coasts, or without our rivers, our officers in such
places are to assist them ; and whatever effects may be saved, belonging
to such vessels, wdiether rigging, necessaries belonging to the crew, or
other goods, are to be delivered, to the smallest item, to the Resident
aforesaid, he paying reasonably for the labour and pains of those who
may assist in saving them. Should the aforesaid Resident choose to
build a brick house at Shah-bunder, or make a garden for his recreation,
on any spot of ground he may like, he is to receive all the assistance
possible for doing it quickly ; and whatever former Sunnuds the}' have
received are to remain in full force, and not to be objected to or disputed
on any account. It being our pleasure to satisfy the said Honourable
English Company, therefore the above must be strictly observed, and
no new perwannahs demanded.
Baled the \§th of Ramzan 1174, or %»«d of April 17«".I.
No. II.
24 TREATIES, ENGAGEMENTS, AND SUNNUDS.
STXDH. Pkrwannah granted by Gholam Shah, Prince of Sindh, on the 23rd of
April 1761.
Be it known to the officers of the customs, or farmers of the
revenues appertaining" to the zemindaree of Shah-bunder and Cach-
rawly that at this time Mr. Erskine, Resident for the Honourable English
Company in Sindh, has requested that all their vessels might be exempted
from paying the Moree of Rupees 25 on each vessel, formerly paid the
Imaum ; and we, being willing to grant his request, do therefore exempt
all their vessels- from paying the said Moree of Rupees 25 on each vessel,
and now order you not to demand the same ; but if more than the sum
of Rupees 25 was formerly paid for each vessel, the overplus is to
be recovered.
Let this be strictly observed.
Dated the Yith of Ramzan 1174, or the 23rd of April a. d. 1761.
Pebwannah granted by Gholam: Shah, Prince of Sindh, on the 22nd of
April 1761.
Be it known to all Fuqueers, Governors, and other officers who now
are, or hereafter may be, employed or concerned either, in the collecting
or farming the customs from the sea to Raree, and all other places
within our dominions, that Mr. Erskine, Resident of the Honourable
English Company's factory in Sindh, and their other servants and depend-
ants, send boats and camels up and down in our dominions, with trade
and merchandize : You are, therefore, on seeing this perwannah, not to
demand the usual charges of Moree, Misree, or Goozurbanee, or Sooze,
and employ them on our business on any pretence whatever; nor is
any person belonging to us, on any of the above accounts, to impede
or otherwise stop or hinder boats or camels belonging to them, that
they may carry on their business without difficulty, and make the customs
increase.
Let this be most punctually observed, and no person offer to
dispute it.
Bated the \Qth of Ramzan 1174, or the 22nd of April a. d. 1761.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
25
No. III.
SINDII.
Signature
Signature
No. III.
of the private
Secretary.
of the public
Secretary.
Seal of Mcer
Futtch Ali
Khan.
Signature
Signature
of the
of the
Moonshee.
Accountant.
The Collectors and farmers, at this period and hereafter, of the
town of Kurrachee, will understand that at this time N. Crow, English-
man, vakeel of the asylum of valor, wisdom, and intelligence, the
Honourable Jonathan Duncan, Governor of Bombay and Surat, on the
part of the exalted, noble, powerful, renowned English Company Baha-
door, has arrived at our presence and requested the establishment of a
commercial factory in the town of Kurrachee, and the adjustment of
customs on merchandize, export and import to and from foreign ports,
and purchases and sales in the territories of Sindh, and other exportations
and importations. For the sake, therefore, of the friendship of the
English Company, one-third in the articles of customs only shall be
remitted in the collections of duties on the trade of the English factory,
and all the fees levied as usual with the other merchants. It is com-
manded that you forego, then, in levying duties on the trade of the
English factory, one-third in the article of customs only, collecting all
the regulated fees, as usual, amongst the merchants, in order that the
agents of the English may with confidence labour to increase our cus-
toms and their own trade. On account of weight or measure of their
goods, or the inspection of trunks of the Resident's baggage, no molesta-
tion must be offered, but his invoice and word be taken. The duties on
provisions and articles of consumption of the English and the crews of
their ships, and the fee of Moree on their ships, vessels, and dingeys, to
be regulated by the custom in use amongst other merchants. If by
vol. vii. e
26 TREATIES, EXli.WIEMENTS, AND SUNNUDS.
sixdh. accident any ship or dingey belonging to the English coming or going
No. III. with cargo to or from Sindh should be stranded or sunk on the coast of
Kurrachee, the best assistance is to be rendered towards recovering her,
and she must without hesitation be delivered up, the English Resident dis-
charging the expense of labourers. The dependants of the Resident are
not to be pressed on government service, nor compelled to purchase
government property. A spot of ground for a country house to the
English factory, and four beegahs of ground for a garden, outside of the
fort of Kurrachee, are given to the Resident with exemption from land
or fee tax, and it is commanded that they be delivered to him where-
ever he may prefer, there being no inhabitants nor claims of possessions ;
towards building the house you will afford assistance, the English Resi-
dent paying the expences. Maistre Suchanund, Collector for the time
being, will levy customs on the merchandize of the English and the im-
portations of their ships according to the above written, the garden ex-
cepted, and all other fees he will remember agreeably to the purport of
this, which is peremptory.
Dated 16th Rubbee-ool-Awul in the year of the Hegira 1214 the \%th
of August 1799 of the Christian era.
It is repeated that the customs and fees are to be levied in cor-
respondence with the established rates of import underneath detailed.
Customs and fees on all exportations and importations by sea : —
Customs.
Rupees 3 and \ per cent, on the market price of imports ; Rupees 2
per cent, on the amount purchase of exports (one-third excused in this
article of customs only).
Luwazime Gutree Rupees 18 on every bale of Tatta piece goods
exported.
Moree upon vessels of all burdens; Rupees 2-375 arriving,
Rupees 2-1*75 departing.
Khirwara upon wheat, rice, jowaree; Rupees 2-2 the Rhinwar
imported or exported ; upon barley and paddy Rupee 1-1 ; the Rhinwar
upon white grain Rupee 1-3.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 27
Fees. EKHDH.
Moajdurea one pice upon every Rupee in the amount of customs. ** IU-
Foujdaree Rupee 1 qr. 2 rs. 4 per cent, in the amount purchase.
Customs and fees on all importations and exportations by land.
Customs and fees upon all dealings with the Putan merchants.
Customs.
Rupees 3-1 per cent, upon sales and purchases (not excused).
Fees.
Booratun Rupee 1 per cent, upon sales and purchases ; Moajdurea
1 pice on every Rupee amount customs; nut 2 pice and \ on every
camel load.
Customs of Kurrachee upon all dealings of other merchants Ru-
pees 4 and \ per cent, on all ; value of imports above Rupees 4, 3 pice
on every Rupee ; value below that sum, Rupees 2 per cent, on the market
price of exports.
(These are the rates on all articles, but grain, excused) .
Fees.
Booratun Rupee 1 per cent, on the market price of all imports or
exports.
Nut 1 anna and ^ on every camel-load of grain coming or going;
2 pice and \ on every camel-load of other goods coming or going;
Moajdurea 1 pice on every Rupee amount customs.
Dhurtoya 1 seer and ^ and 2 annas' weight on each Rhinwar of
grain if brought from the country and immediately laden on boats;
Choongee 24 seers on each Rhinwar, in the same circumstances.
Rates.
Rates of duty on distinct articles.
Upon every camel-load of indigo brought from Khorassan to be
exported, if large, Rupees 22, if small, Rupees 15.
18
TREATIES, ENGAGEMENTS, AND SUNNUDS.
> in dm. Upon assafu)tida brought from Khorassan to be exported, Rupees 14
No IIL P61" 8 maunds.
Upon all articles besides those brought from up the country and
immediately exported, Rupees 2 per cent, (not excused).
Fees.
Upon lead and iron, if purchased in Kurrachee and sent abroad, a
fee to the Collector of Rupee 1 on each maund of lead, and on each
maund of iron annas 8.
Signature
of the Private
Secretary.
Signature
of the Public
Secretary.
Seal of Meer
Futteh
Ali Khan.
Signature
of the
Moonshee.
Signature
of the
Accountant.
The Jaghiredars, Patels, Magistrates, Collectors, and Farmers, at
this period and hereafter, of the city of Tatta and of Shah-bunder in
Sindh and in Lar, the dominions of the State, will understand that at
this time N. Crow, Englishman, vakeel of the asylum of valor, wis-
dom, dignity, and intelligence, the Honourable Jonathan Duncan, Gov-
ernor of Bombay and Surat, on the part of the noble, powerful, exalted,
magnificent Company Bahadoor, the seat of splendor, strength, and excel-
lence, has reached our presence and requested an adjustment and settle-
ment of affairs of commerce for the factory of his patrons. Intent,
therefore, upon maintaining the friendship of the above-mentioned illus-
trious Company, we have directed an arrangement for the collection of
No. III.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 2'.)
customs upon merchandize, export and import, to and from foreign coun- SINDH.
tries and ports, and sales and purchases in the dependencies of Sindh
under our sovereignty. It is commanded that the collection of customs
upon goods of commerce, export and import, to and from other countries
and ports, and purchases and sales in the territories of our government,
be made according to the duties subjoined, as in the time of the deceased
Prince Gholam Shah Ruthora, and no further exaction be exercised,
aud besides the English Resident no other person of the European nations
shall be allowed to pass, repass, or trade. On the article of saltpetre,
liquid and crystallized, whenever in the territories of the State the
English may choose to manufacture it, the customs are to be collected
the same as during the reign of Meer Gholam Shah Ruthora; four
beegahs of garden ground to be exempted from land or fee tax. Also
the dulol, moody, washerman, miller, carpenter, bricklayer, and shroif,
dependent on the factory, are, according to the custom of the aforemen-
tioned reign, to be considered privileged, and not to be pressed on gov-
ernment service, nor compelled to purchase government property, that
the agents of the English may with confidence and tranquillity be in-
dustrious in the increase of their trade and our customs. On account of
weight or measure of goods and the inspection of trunks and the Resi-
dent's clothes and baggage, no molestation shall be offered, but his in-
voice and word be accepted ; towards the building of any new factory of
the English, every assistance must be given, and the hire of the labourers
be paid by the English agent. In respect to demands on articles of
consumption and apparel of the English and the crews of their ships,
and the fee Moree on ships, boats and dingeys, the rules of Meer Gholam
Shah's reign are to be observed. If by accident any ship or boat or
dingey, belonging to the English, coming or going with goods to or
from the factory in Sindh, should either, on the sea coast or in the
river be stranded or sunk, every assistance towards recovering her must
be given that she may be returned, and all expenses of labour must be
discharged by the Resident of the English. On whatever goods of the
English factory, from their countries, which not finding sale may be
returned, the customs are to be regulated by the usage in force in the
time of Gholam Shah Ruthora; no variation nor condition must be
adopted.
30 TREATIES, ENGAGEMENTS, AND SUNNUDS.
BINDH. Account of duties on all goods at Tatta, agreeably to the usage in
K „ 1 ii the reign of Meer Gholam Shah Ruthora, according to the report of
established imposts, signed by Sheikh Beg Mahomed and Ensur Doss,
former Collectors at that place.
Munzillanes from 500 to 200 maunds* weight of goods brought
from Shah-bunder to Tatta Ghaut, Tatta Rupees 106; from 300 to 600
maunds, Tatta Rupees 81 ; from 100 to 300 maunds, Tatta Rupees 56,
under 100 maunds 5 annas per maund if brought by water, and 2 annas
per maund if by land. Koot, assafoetida, shawls, and northern piece
goods, imported or exported, Rupee 1 and \ Tatta price on the valuation
in Chutney Rupees.
Woollens brought from Shah-bunder to pay 8 annas per maund.
On purchases of piece goods in Tatta sent to Shah-bunder or any of
the dependencies of Sindh, the customs to be according to the usage of
Gholam Shah Ruthora, or by the collections of Sheikh Hussein Zaradar,
and fees of appraisement agreeably to the custom of other merchants. .
Customs of the mint on stamping copper coins, Rupees 6 Chutney
per maund.
On the valuation of ivoiy in Chutney Rtipees, 9 Tatta Rupees per
cent, to be collected from the purchaser.
Customs upon grain of the first sort, 12 annas per Rhinwar, and
Wukia Nigarie, 12 annas per 300 Rhinwars; on the second sort, 6 annas
per Rhinwar, and Wukia Nigarie 12 annas per 300 Rhinwars; grain pur-
chased in Tatta and exported, Tatta Rupees 3 duty upon each Rhinwar,
and the fee of bales, Rupees 2 and \, and Choongee from each Rhinwar
3 Togas.
Fees of permission to purchase grain and to export it to Shah-bun-
der, Tatta Rupee 1 and \ per Rhinwar on the first sort, and 12 annas
per Rhinwar on the second sort.
Chitty, Seelamuty, and Manzillanee fees of passing and shipping, ac-
cording to the practice in force among other merchants ; small grain ex-
ported to Shah-bunder to pay Rupees 4 Chutney per cent, valuation.
Customs upon imported goods to be levied from the English at
Rupee 1 and \ Chutney per cent, on the valuation.
Customs upon saltpetre, liquid and crystallized, Rupee 1 and \ Tatta
per cent, valuation.
TllEATIES, ENGAGEMENTS, AND SUNNUDS. 31
Fees on boats laden with goods brought from abroad, at Tatta SINDH.
Rupee 1 and 38 pice in full. NoTiIl
Moree upon hired boats to be levied from the owners, according to
the custom of the country, and Tatta Rupee 1 upon those the property
of the English.
Customs upon camels, horses, oxen, and other animals, Rupees 5
annas 12 per cent, valuation in full of all fees.
Customs upon burned and lacquered ware, as trays, boxes, &c, Tatta
Rupee 1J per cent, valuation.
Imports upon dried and green fruits, vegetables, pickles, &c, half
the usual rates paid by the subjects of the country.
On hay purchased, Rupee 1 Chutney per 16 bundles; Rupee 1 upon
eight loads of wood ; Rupee 1 soortee upon 6 maunds chunam ; and
annas 2 per maund on lime burnt at home.
Gum produced in the garden to be sold to the Ziccadur on the
same terms as by the husbandmen.
Customs upon timber used in building to be half what is established ;
Chobar and Rumbeybuney fees Tatta Rupee 1 upon every .boat-load
of goods coming and going, and Noree upon every hired boat according
to custom.
Dutolles upon jukt goods annas 12 Chutney per cent.
Roosum Canoongo fees : — Water carriage from 500 to 2,000 maunds,
Tatta Rupees 4; from 300 to 500 maunds, Rupees 3 ; from 100 to 300
maunds. Rupees 2 and \; Thokas, Barbundy, and Chobar, according to the
rules in force during the time of Gholam Shah, upon all amounts under
Rupees 100, Chutney pice 3 per Rupee, Goozur Swijee. The writer who
could have given information on this head is dead. The customs of Meer
Gholam Shah Ruthora to be levied, besides which, the fee of equipment
upon goods that formerly the Nukeemys used to receive as a kind of
charity from the English factory in the time of the Collectorship of
Chundy Ram is now comprised in the revenues of government and is
at its disposal.
Account of customs at Shah-bunder, in the pergunnah of Rukahi,
according to the usage in the time of Gholam Shah Ruthora, as by copy
of the established rates signed and sealed by Sheikh Beg Mahomed and
Ensur Doss, former Ziccadurs.
32 TREATIES, ENGAGEMENTS, AND SUNNUDS.
SINDII. Imports from sea which in the time of Mahomed Murad-ul Khan
No. ill. were subjected to customs and excused by Meer Gholam Shah, are now
likewise excused.
Articles of Tatta exported from Shah-bunder to pay Tatta annas 7
and £ per cent, on the invoice purchase turned into Chutney Rupees.
Grain and ghee purchased in the pergunnah of Rakrata and exported
to pay Tatta Rupee 1 and \ per cent.
On articles brought from up the country through Tatta, according
to the amount settled there, Tatta Rupee 1 per cent, when exported.
Luwazimeh Pymany 1 Tryah upon each Rhinwar ; ubwant ivory Tatta
annas 12 upon 80 Rhinwar,' ubwant Mulsulmany Tatta anna 1 each
Rhinwar; Tatta annas 11 on every bundle of hides exported.
Luwazimeh Choongee 1 Nud on every 100 maunds of Chunnea ex-
ported, annas 12 per cent, on the sale of ivory valued in Tatta Rupees.
Customs upon goods imported, which may afterwards he sent from the
factory by land or water to Tatta.
Tatta Rupees 11 annas 7 on boat-loads above 100 maunds; Tatta
annas 2 per maund land carriage. Upon grain purchased in Rakrala
and sent to Tatta, 20 pice per Rhinwar of the first sort, and 5 pice on the
second sort, and Pymany 1 Tryah on each Rhinwar.
Customs of the zemindaree of Shah-bunder, according to the ancient
rule in the time of Jam Dussir as above mentioned ; Tatta Rupee 1
and i per cent, on all exports according to the English invoice, and
annas 12 on imports.
Luwazimeh Munzillana, each boat Tatta Rupees 24, and 1 quarter
1 anna per maund land carriage; ivory sent up the country to
Naseerpore and Hutty Kandy, annas 10 per cent. Tatta Rupees valuation.
The Canoongo customs of Rakrala, according to the present usage.
Luwazimeh ivory, Tatta Rupee 1 and ^ upon 80 Rhinwars, exported
or imported, of 8 maunds' weight, or else Rupees 100 per value each
Rhinwar.
Luwazimeh Mulsulmany, £ an anna each Rhinwar.
As all the established rates of the reign of Meer Gholam Shah
Ruthora are not to be found, the customs to be collected in all places in
Sindh and Far, under the jurisdiction of the State, must be conformable
No. III.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 33
to the copy of a perwannah of that time in their (the English) posses- BINDH.
sion, namely, Tatta Rupee 1 and \ per cent, customs and half the usual
fees. Maitre Chundy Ram, Custom-master of Tatta and Shah-bunder,
and Far Umul and Nan Umul, Collectors of Sindh and Lar, will act con-
formably to this without deviation or contradiction.
Dated list of Rulba-ool-Awul in the year of the Ilegira 1214, or the
23rd of August of the Christian era.
By imperial command the purport of this Sunnud is to be observed
from the date thereof.
Seal of the
Prince Meer
Futteh Ali Khan.
Smaller Seal
of the Prince.
The collectors and farmers, at the present time and hereafter, of
the town of Kurrachee, will understand that Mr. Crow, Englishman,
vakeel of the asylum of valour, wisdom, and intelligence, the Honour-
able Jonathan Duncan, Governor of Bombay and Surat, on the part of
the exalted, renowned, and powerful English East India Company, has
had the honour of rendering himself at our presence, and having by his
fidelity, attention, and attachment cemented the union and friendship of
the two governments, we have therefore, out of our gracious favour and
particular regard to the satisfaction and convenience of the illustrious
Company above mentioned, resolved to remit one-third of the fee of
Foujdaree, which is one and a half per cent, on the value of all mer-
chandize, and entirely to excuse the fee of moajdurea, and likewise the
fee of moree on all dingeys and ships, for two importations of the same
vessel in one year : you are by this writing instructed of our having
granted these exemptions, and ordered to consider them in effect from
the date of this Sunnud, and to act conformably.
VOL. VII. f
34
TREATIES, ENGAGEMENTS, AND SUNNUDS.
SINDH. Two-thirds of the fee of the Foujdaree and two-thirds of the Customs
Nos# hi according" to our former Sunnud, you will not fail to recover and to
& IV. cany to account.
Bated the 17 th of Lechjde 1214 of the TIegira, or 12th of April 1800
of the Christian era.
Issued from the presence.
Seal of the
Prince Meer
Futteh Ali Khan.
The killedars and officers of the town of Kurrachee will under-
stand that Mr. Crow, Englishman, being ranked by us amongst our
sincere and faithful adherents, therefore, out of regard to him and respect
to his patrons, we hereby direct that if he pass in or out of the gates of
the fort with arms, you do not on that account offer him any moles-
tation or hindrance, but in all your behaviour observe kindness and
cordiality ; you will consider this command peremptory.
Bated the \§th of LecJcgde, or the 14<th of April 1800.
No. IV.
Teeaty with the Ameees of Sindh, August 22nd, 1809.
Seal of
His Highness
Meer Grholam Ali.
Article 1.
There shall be eternal friendship between the British Government
and that of Sindh, namely, Meer Gholam Ali, Meer Kurreem Ali, and
Meer Murad Ali.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 35
Article 2. SINDH.
Enmity shall never appear between the two States. Nob. IV & V.
Article 3.
The mutual despatch of the vakeels of both governments, namely,
the British Government and Sindhian government, shall always continue.
Article 4.
The government of Sindh will not allow the establishment of the
tribe of the French in Sindh.
Written on the \§th of the month of Rujeeb-ool-Moorujub, in the
year of the Ilegira 1224, corresponding with the 22nd of Angnst 1809.
(Signed) Minto.
Ratified by the Right Honourable the Governor General at Fort
St. George, the 16th of November 1809.
Seal.
(Signed) N. B. Edmonstone,
Secretary.
No. V.
Teeaty between the Honoubable East India Company on the one hand and the
Ameees of Sindh on the other, November 9th, 1820.
The British Government and the government of Sindh having in
view to guard against the occurrence of frontier disputes, and to strengthen
the friendship already subsisting between the two States, Meer Ismael
Shah was invested with full power to treat with the Honourable the
Governor of Bombay, and the following Articles were agreed on between
the two parties : —
Article 1.
There shall be perpetual friendship between the British Government
one the one hand and Meer Kurreem Ali and Meer Murad Ali on
the other.
36
TREATIES, ENGAGEMENTS, AND SUNNUDS.
SINDH. Article 2.
No. V. Mutual intercourse by means of vakeels shall always continue
between the two governments.
Article 3.
The Ameers of Sindh engage not to permit any European or American
to settle in their dominions. If any of the subjects of either of the
two States should establish their residence in the dominions of the other,
and should conduct themselves in an orderly and peaceable manner in
the territory to which they may emigrate, they will be allowed to remain
in that situation ; but if such fugitives shall be guilty of any disturb-
ance or commotion, it will be incumbent on the local authority to take
the offenders into custody, and punish or compel them to quit the
country.
Article 4.
The Ameers of Sindh engage to restrain the depredations of the
Khoosas, and all other tribes and individuals within their limits, and to
prevent the occurrence of any inroad into the British dominions.
Seal of the
Honourable East
India Company.
Bomlay, 9t/i November 1820. (Signed) M. Elphinstone.
In the name of the Merciful God. This is the Treaty which I, Meer
Ismael Shah, vakeel of Shah Meer Kureem Ali Khan Rookn-ood-dowla
and Meer Shah Murad Ali Khan Ameer-ood-dowla, concluded with
Mr. Elphinstone, Governor of the populous port of Bombay, on Thursday,
in the month of Suffer 1236 Hegira. If it pleases God, there will be
no difference to a hair's breadth.
Seal of
Ismael Shah.
Note. — The foregoing Treaty was approved by the Supreme Govern-
ment on the 10th February 1821.
TREATIES, ENGAGEMENTS, AND STJNNUDS.
37
No. VI.
Teeaty with Meee Roostum Khan, Chief of Kheibpobe.
A Treaty, consisting of four Articles, having been concluded on
the 2nd Zeekad 1247 a. h., corresponding with the 4th April 1832,
between the Honourable East India Company and Meer Rooshim Khan,
Talpore, Bahadoor, Chief of Kheirpore, in Sindh, through the agency of
Lieutenant Colonel Henry Pottinger, envoy on the part of the British
Government, acting under the authority vested in him by the Right
Honourable Lord William Cavendish Bentinck, g. c. b. and g. c. h.,
Governor General of the British possessions in India, this engagement
has been given in writing at Simla, this day the 19th June 1832, both
in English and Persian, in token of the perfect confirmation and acknow-
ledgment of the obligations which it contains in the manner following : —
Article 1.
There shall be eternal friendship between the two States.
Article 2.
The two contracting powers mutually bind themselves from genera-
tion to generation never to look with the eye of covetousness on the
possessions of each other.
Article 3.
The British Government having requested the use of the river
Indus and the roads of Sindh for the merchants of Hindoostan, &c, the
government of Kheirpore agrees to grant the same within its own
boundaries, on whatever terms may be settled with the government of
Hyderabad, namely, Meer Murad Ali Khan, Talpore.
Article 4.
The government of Kheirpore agrees to furnish a written statement
of just and reasonable duties to be levied on all goods passing under this
Treaty, and further promises that traders shall suffer no let or hindrance
in transacting their business.
SINDH.
No. VL
Honourable
Company's
Seal.
(Signed.) W. C. Bentinck.
Governor
General 's
Seal.
38 Tl! KATIES, ENGAGEMENTS, AND SUNNUDS.
SINDH. No. VII.
No. VII. Treaty with the government of Hyderabad, in Sindh.
A Treaty, consisting of seven Articles, having- been concluded on the
18th Zechy 1247 a. h., corresponding with 20th April 1832, between
the Honourable East India Company and His Highness Meer Murad
Ali Khan, Talpore, Bahadoor, ruler of Hyderabad, in Sindh, through the
agency of Lieutenant Colonel Henry Pottinger, envoy on the part of
the British Government, acting under the authority vested in him by
the Right Honourable Lord William Cavendish Bentinck, g. c. b. and
G. c. h., Governor General of the British possessions in India, this en-
gagement has been given in writing, at Simla, this day the 19th June
1832, both in English and Persian, in token of the. perfect confirmation
and acknowledgment of the obligations which it contains, in the manner
following :—
Article 1.
That the friendship provided for in former Treaties between the
British Government and that of Sindh remain unimpaired and binding,
and that this stipulation has received additional efficacy through the
medium of Lieutenant Colonel Pottinger, Envoy, &c, so that the firm,
connecting and close alliance now formed between the said States shall
descend to the children and successors of the house of the above-named
Meer Murad Ali Khan, principal after principal, from generation to
generation.
Article 2.
That the two contracting powers bind themselves never to look
with the eye of covetousness on the possessions of each other.
Article 3.
That the British Government has requested a passage for the mer-
chants and traders of Hindoostan by the river and roads of Sindh, by
which they may transport their goods and merchandize from one country
to another, and the said government of Hyderabad hereby acquiesces in
the same request on the three following conditions : —
1st. — That no person shall bring any description of military stores
by the above river or roads.
2nd. — That no armed vessels or boats shall come by the said river.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
39
3rd. — That no English merchants shall be allowed to settle in Sindh, SINDH.
but shall come as occasion requires, and having stopped to transact their No. VII.
business, shall return to India.
Article 4.
When merchants shall determine on visiting Sindh, they shall ob-
tain a passport to do so from the British Government, and due intima-
tion of the granting of such passports shall be made to the said
government of Hyderabad by the Resident in Kutch, or other officer of
the said British Government.
Article 5.
That the government of Hyderabad having fixed certain proper and
moderate duties to be levied on merchandize and goods proceeding by
the aforesaid routes shall adhere to that scale, and not arbitrarily and
despotically either increase or lessen the same, so that the affairs of mer-
chants and traders may be carried on without stop or interruption, and
the custom-house officers and farmers of revenue of the Sindh govern-
ment are to be specially directed to see that they do not delay the said
merchants on pretence of awaiting for fresh orders from the govern-
ment, or in the collection of the duties, and the said government is to
promulgate a Tariff or Table of Duties leviable on each kind of goods,
as the case may be.
Article 6.
That whatever portions of former Treaties entered into between the
two States have not been altered and modified by the present one remain
firm and unaltered, as well as those stipulations now concluded, and
by the blessing of God no deviation from them shall ever happen.
Article 7.
That the friendly intercourse between the two States shall be kept
up by the despatch of vakeels whenever the transaction of business, or
the increase of the relations of friendship, may render it desirable.
Honourable
Company's
Seal.
(Signed)
W. C. Bentinck.
Governor
General's
Seal.
40 TREATIES, ENGAGEMENTS, AND SUNNUDS.
SINDH. Supplemental to the Treaty with the government of Hyderabad, in Sindh.
No. VI l. The following Articles of engagement having been agreed on and
settled on the 22nd April 1832 between the Honourable East India
Company and His Highness Meer Murad Ali Khan, Talpore, Bahadoor,
ruler of Hyderabad, in Sindh, as supplemental to the Treaty concluded,
on the 20th April 1832, through the agency of Lieutenant Colonel
Henry Pottinger, envoy on the part of the said Honourable East India
Company, under full power and authority vested in him by the Right
Honourable Lord William Cavendish Bentinck, g. c. b. and g. c. h.,
Governor General of the British possessions in India, this engagement
has been given in writing, at Simla, this day the 19th June 1832, both
in English and Persian, in token of the perfect confirmation and ac-
knowledgment of the obligations which it contains, in the manner
following : —
Article 1.
It is inserted in the 5th Article of the Perpetual Treaty that the
government of Hyderabad will furnish the British Government with a
statement of duties, &c, and after that the officers of the British Gov-
ernment who are versed in affairs of traffic will examine the said state-
ment. Should the statement seem to them to be fair and equitable and
agreeable to custom, it will be brought into operation and will be con-
firmed ; but should it appear too high,- His Highness Meer Murad Ali
Khan, on hearing from the British Government to this effect through
Colonel Pottinger, will reduce the said duties.
Article 2.
It is as clear as noonday that the punishment and suppression of
the plunderers of Parkhur, the Thull, &c, is not to be effected by any
one government, and as this measure is incumbent on and becoming the
States as tending to secure the welfare and happiness of their respective
subjects and countries, it is hereby stipulated that on the commencement
of the ensuing rainy season, and of which Meer Murad Ali Khan shall
, give due notice, the British, Sindh, and Jodhpore governments shall
direct their joint and simultaneous efforts to the above object.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
11
Article 3.
SIN I) H.
The governments of the Honourable East India Company and of No». VII&
Kheirpore, namely, Meer Roostum, have provided, in a Treaty concluded *****
between the States, that whatever may be settled regarding the opening
of the Indus at Hyderabad shall be binding on the said contracting
powers. It is therefore necessary that copies of the Treaty should be
sent by the British and Hyderabad governments to Meer lloostum
Khan for his satisfaction and guidance.
Honourable
Company's
Seal.
(Signed)
W. C. Bentinck.
Governor
General's
Seal.
No. VIII.
Commebcial Teeaty between the Honoubable the East India Company and tho
government of Hyderabad, in Sindh, dated 2nd Jnly lti'3-i.
Whereas in the 1st Article of the Supplemental Treaty concluded
between the Honourable East India Company and the government of
Hyderabad on the 22nd day of April 1832, corresponding with the 20th
of Zeekad 1247 Hegira, it was stipulated that the government of
Hyderabad was to furnish the British Government with a statement of
duties, &c, and " after that the officers of the British Government who
are versed in affairs of traffic shall have examined the same statement,
should the statement seem to them to be fair and equitable and agreeable
to custom, it will be brought into operation and will be confirmed ; but
should it appear too high, His Highness Meer Murad AH Khan, on
hearing from the British Government to this effect, through Colonel
Pottinger, will reduce the said duties." Now, according to the terms of
the above stipulation, the contracting States having made due inquiry,
hereby enter into the following agreement : —
Article 1.
In lieu of a duty on goods proceeding up or down the river
Indus, in virtue of the 5th Article of the perpetual Treaty of
VOL. VII. 0
M TREATIES, ENGAGEMENTS, AND SUNNUDS.
SINDH. Hyderabad, there shall be levied on the rivers, between the sea and
No. VIII. Roopur, a toll on each boat of Tatta Rupees 19 per Tatta khurrar,
of which amount Rupees 8 shall be receivable by the governments of
Hyderabad and Kheirpore, and Rupees 11 by the other States possessing
dominions on the banks of the rivers, namely, His Highness Bhawul
Khan, Maharajah Runjeet Sing, and the Honourable the East India
Company.
Article 2.
To obviate any cause whatever of trouble or inconvenience to
traders and merchants during their progress, and also to prevent
disputes and doubts, and consequent altercation and delay, touching
the size of boats, the toll is fixed on 30 Tatta khurrars. Be a boat
large or small, she will pay toll according to this, and whether she
measures 5 khurrars or 100 khurrars, she will be reckoned as one of 30.
Article 3.
The portion of the toll above described, appertaining to Sindh,
and amounting to Tatta Rupees 240 on each boat, shall be levied at the
bunder or port of the mouth of the river where the cargoes are trans-
ferred from the river to the sea boats, and vice versa, and divided as the
governments of Hyderabad and Kheirpore may think best.
Article 4.
For the purpose of assisting in the realization of the toll due to
Sindh, also in the speedy and satisfactory adjustment of disputes
which may happen to occur amongst the merchants, boatmen, and others
on the questions of hire, &c, as well as with a view to the preservation
and augmentation of the amicable relations which happily subsist be-
tween the States, it is settled that a British Agent (who shall not be an
European gentleman), under the authority of Lieutenant Colonel Henry
Pottinger, Agent to the Governor General of India for the affairs of
Sindh, shall reside at the bunder or port at the mouth of the river
where cargoes are transferred from one description of boat to another ;
and the British Government binds itself that the said Agent shall neither
TREATIES, ENGAGEMENTS, AND SUNNUDS. 43
engage in trade, nor interfere in any way with the fiscal or any other SINDH.
affairs of the Sindh government. It is further settled that, when occa- No. VIII.
sion connected with this Treaty may render it advisable, the Governor
General's Agent for the affairs of Sindh shall have the power of deputing
one of his Assistants to the above-described bunder or port, to settle
any discussions that may have arisen ; after doing which he is to return
to Bhooj.
Article 5.
For the more perfect fulfilment of this Treaty, it is hereby dis-
tinctly stipulated that should any portion, however small or great, or
of whatever description, of the merchandize or goods on board any
boat passing up or down the river, be landed for sale by a merchant or
merchants, such portion of merchandize or goods, whatever may be its
quantity or quality, shall instantly become subject to the existing local
duties, as levied by the respective governments within their own terri-
tories ; the purpose of the toll agreed to by this Treaty being not to
supersede or set aside the established dues of the different States, but to
repay the expense to which the governments will necessarily be sub-
jected in affording the customary protection to the trade in transit on
the river. It will be perfectly understood from this 5th Article that the
governments have no claim to duties on merchandize merely passing up
or down the river, and that the toll is all that is to be demanded ; but
should any portion, however small or large, of goods be landed and
sold, then the usual duties will be levied.
Written on the 2nd day of July 1834, corresponding with the Ikth
of Suffer 1250 a. h.
(Signed) W. C. Bentinck,
Frederick Adam,
W. Morison,
Ed. Ironside.
Ratified by the Governor General in Council at Ootacamund on
2nd September 1834.
(Signed) W. H. Macnaghten,
Secy, to Govt, of India.
II
TREATIES, ENGAGEMENTS, AND SUNNTTDS.
BINDH. No. IX.
Ho. IX. Commebctal Abticles entered into with the government of Hyderabad, in Sindh,
by Colonel Henby Pottingeb, Agent to the Governor General for the affairs
of Sindh, in virtue of authority vested in him by the Eight Honoubable
Lobd Auckland, g. c. b., Governor General of India in Council.
Proposal 1st.
The coast of Sindh has no hills,
and is so low and level that it is
very difficult and even sometimes
impossible to discover the proper
entrance to the mouths of the river.
Permission is therefore reqtiested to
lay down buoys in the water, and
to erect wooden land-marks on the
shore at the proper spots, which
buoys and marks can be changed
when alterations take place in the
river.
Proposal 2nd.
Cases will sometimes occur, not-
withstanding these precautions, in
which from foul winds or storms
vessels intending to come into the
river will not be able to do so, and
they must in that event seek for
shelter in any port they can reach.
The examination of the whole of
the coasts and harbours of Kutch
and Sindh from Mandavee to Kur-
rachee has therefore been ordered,
and His Highness is requested to
instruct his officers to this effect.
Vessels of war will not be employ-
ed on this duty, and when the har-
bour of Kurraehee is to be examined,
Answer 1st.
Agreed. — Beacons may be erect-
ed on shore, and buoys laid down
in the water, and changed as may
become requisite from alterations
in the river.
Answer 2nd.
Agreed. — A boat and men will
be furnished when applied for.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
45
(which it has not been since the
mission of Mr. Smith in the year
of the Hegira 1224), the officer will
make a special application, through
the Agent, for a perwannah to the
Nawab of Kurrachee, to furnish a
small boat, and one or two experi-
enced men to assist.
SINDH.
No. IX.
Proposal 3rd.
The anchorage fees (mohoree)
on boats at Kikkur varies agreeable
to their size. To prevent disputes
and to encourage the resort of mer-
chants to that and the other bund-
ers at the mouths of the river,
these fees are recommended to be
reduced and defined, in order that
information thereof may be given
to the merchants concerned.
Answer 3rd.
The settlement of this matter is
left to Colonel Pottinger, and the
officers of this government (Hydera-
bad) will be ordered to levy such
anchorage fee as he may fix.
N. B. — Colonel Pottinger decid-
ed that each boat should pay half
a Rupee in addition to the toll estab-
lished by Treaty.
Proposal 4th.
Syud Azimooddeen Hossein, the
Native Agent appointed by the
Governor General to reside at the
Inouths of the river, has arrived
with me, and is now about to pro-
ceed to his station. It is begged
that His Highness will give orders
to all the authorities to be kind and
attentive to the Syud, and to refer
to him in the event of any disputes
about the toll on the sea, or river
boats, or other matters which are
to be strictly guided by Treaty, and
Answer 4th.
Agreed. — The officers of this
government (Hyderabad) will re-
ceive particular instructions to the
effect proposed.
46
TREATIES, ENGAGEMENTS, AND SUNNUDS.
SINDH. any extra duties or demands not
No. IX. authorized by it to be positively
prohibited.
Proposal 5th.
As the best season for sending
goods up the river happens to be
that at which they cannot be im-
ported by sea, it becomes requisite
to make some arrangement on this
account. Jt is therefore to be ar-
ranged that all persons bringing
goods to carry up the river may
land them and place them in a
warehouse or stores at Kikkur or
Tatta, under the seal of the Native
Agent before mentioned, until the
proper season for their despatch up
the river arrives. Any portion of
such goods if sold at any time will
of course be subject to the duties
established by Treaty, and after
they are once stored, no package is
to be removed or opened without
the leave of the Native Agent, else
the full duties must be paid on such
package.
Proposal 6th.
It is the wish of the Governor
General to establish fairs, to be held
annually, and to which merchants
from all nations would bring their
goods and sell or exchange them
for those of others. Thus mer-
chants from Bulkh, Bokhara, Toor-
kistan, Cabool, &c, would bring
Answer 5th.
Agreed. — Goods may be either
warehoused, as proposed, at Kikkur
or Tatta.
Answer 6th.
Agreed. — A fair may be estab
lished and held
Kikkur.
either at Tatta or
TREATIES, ENGAGEMENTS, AND SUNNUDS.
47
the productions of those countries
and exchange them for the produce
of Europe, India, &c, which would
be brought from India and Sindh by
their merchants. If the Government
of Sindh would give due encourage-
ment, one of these fairs might be
established in its territories, which
would be a great source of wealth
to the people and increase of
revenue to the State. It is intend-
ed to propose to Maharajah Runjeet
Sing to have one of these fairs
held at Methunkote, or some place
in that neighbourhood ; and should
the Ameers of Siudh approve of it,
a similar one might be held yearly
at Tatta.
Proposal 7th.
The Governor General of India
directs me to explicitly state that
he looks to the government of
Sindh to keep the Muzarees in
complete check and to suggest how
this is to be done effectually. If my
advice is required I will be ready
to give it.
SINDH.
No- IX.
Answer 7th.
The restraining and punishing
of the Muzarees rests with this gov-
ernment (Hyderabad). When the
Seikh troops are removed, what
power have the Muzarees to disturb
the country or molest boats ? This
government binds itself to be res-
ponsible for them.
Proposal 8th.
The Hyderabad government
must say distinctly whether it is
responsible for the acts of the
Kheirpore and Meerpore Ameers,
as connected with the river and
traffic by it, because if not, it will
Answer 8th.
This government (Hyderabad)
is responsible as herein described.
48
TREATIES, ENGAGEMENTS, AND ST NNUDS.
sin ML be requisite to enter into separate
Ho. IX- engagement with them, a measure
which has been hitherto avoided
out of respect to the paramouncy
of Noor Mahomed Khan.
Proposal 9th.
Amongst the minor arrange-
ments the Ameer's sanction is re-
quired to cutting down the jungle
along the banks of the river,
where it may be found necessary to
do so to facilitate tracking.
Answer 9th.
Agreed to, with the exception of
those parts of the river banks
which are occupied by the Ameer's
hunting preserves (shikargahs),
which would be injured by cut-
ting down the trees and jungle.
All trees that may fall into the
water and impede the progress of
boats will be removed by persons
belonging to the Sindh govern-
ment, but not at its expense.
Proposal 10th.
The general superintendence of
a British officer seems to the Gov-
ernor General and to Colonel
Pottinger to be almost indispensable
to give effect to the views of the
British Government, to the cordial
aid and union of that of Sindh,
and to the prevention of disputes,
correspondence, &c.
Answer 10th.
This proposition is already met
by the perpetual Treaty. A gen-
tleman may come whenever it is
expedient and stay two or three
months. To this no objection will
be offered.
Proposal 11th.
It is to be observed that the
governments must not be deterred
from commencing on some of these
Answer 11th.
No difficulty can possibly exist
where the friendship is sincere.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 49
arrangements by the apparent diffi- SIN nil.
culty of effecting them. Every im- ~~ ^ T^T
portant matter looks difficult at 4, x.
first, but all obstacles give way to
exertion and encouragement in the
course of time.
Dated at Hyderabad on the \%th of Shalan 1252 Ilegira, or 28M
of November 1836.
No. X.
Teeaty between the Honoueable East India Company and the Ameebs of Sindh,
concluded by Colonel Henry Pottingeb, Agent to the Governor General for
Sindh, on the one part, and their Highnesses Meer Noor Mahomed Khan and
Meer Nusseer Mahomed Nusseer Khan on the other, April 20th, 1838.
Article 1.
In consideration of the long friendship which has subsisted between
the British Government and the Ameers of Sindh, the Governor General
in Council engages to use his good offices to adjust the present differences
which are understood to subsist between the Ameers of Sindh and
Maharajah Runjeet Sing, so that peace and friendship may be established
between the two States.
Article 2.
In order to secure and improve the relations of amity and peace
which have so long subsisted between the Sindh State and the British
Government, it is agreed that an accredited British minister shall reside
at the Court of Hyderabad, and that the Ameers of Sindh shall also be
at liberty to depute a vakeel to reside at the Court of the British Gov-
ernment ; and that the British minister shall be empowered to change
his ordinary place of residence as may from time to time seem expedient,
and be attended by such an escort as may be deemed suitable by his
government.
Ratified by the Right Honourable the Governor General, at Simla,
this 20th day of April 1838.
(Signed) Auckland.
vol. vii. h
50 TREATIES, ENGAGEMENTS, AND SUNNUDS.
SINDH. No. XI.
No. XI. Xekaty between the Honourable East India Company and His Highness
Meek Koostum Khan, of Kheibpobb.
Article 1.
There shall be perpetual friendship, alliance, and unity of interests
between the Honourable East India Company and Meer Roostum Khan,
Talpore, and his heirs and successors, from generation to generation,
and the friends and enemies of one party shall be the friends and enemies
of both.
Article 2.
The British Government engages to protect the principality and
territory of Kheirpore.
Article 3.
Meer Roostum Khan and his heirs and successors will act in
subordinate co-operation with the British Government, and acknowledge
its supremacy, and not have any connexion with any other Chiefs and
States.
Article 4.
The Ameer, and his heirs and successors, will not enter into nego-
tiation with any Chief or State without the knowledge and sanction of
the British Government; but the usual amicable correspondence with
friends and relations shall continue.
Article 5.
The Ameer, and his heirs and successors, will not commit aggressions
on any one. If by accident any dispute arise with any one, the settle-
ment of it shall be submitted to the arbitration and award of the British
Government.
Article 6.
The Ameer will furnish troops according to his means at the requi-
sition of the British Government, and render it all and every necessary
aid and assistance throughout his territory during the continuance of
TREATIES, ENGAGEMENTS, AND SUNNUDS. 51
war, and approve of all the defensive preparations which it may make SINDH.
while the peace and security of the countries on the other side of the No XL
Indus may be threatened. But the British Government will not covet
a dam or deram of the territories enjoyed by His Highness and his
heirs, nor the fortresses on this bank or that bank of the river Indus.
Article 7.
The Ameer, and his heirs and successors, shall be absolute rulers of
their country, and the British jurisdiction shall not be introduced into
that principality, nor will any of the Baloches servants, dependants,
relatives, or subjects of the Ameer be listened to should they complain
against the said Ameer.
Article 8.
In order to improve, by every means possible, the growing inter-
course by the river Indus, Meer Roostum Khan promises all co-operation
with the other powers in any measures which may be hereafter thought
necessary for extending and facilitating the commerce and navigation of
the Indus.
Article 9.
In order to further secure the relations of amity and peace which
have so long subsisted between the Kheirpore State and the British
Government, it is agreed that an accredited British minister shall reside
at the Court of Kheirpore, and that the Ameer shall also be at liberty
to depute an Agent to reside at the Court of the British Government,
and the British minister shall be empowered to change his ordinary place
of residence as may from time to time seem expedient, and be attended
by such an escort as may be deemed suitable by his government.
Article 10.
This Treaty of nine Articles having been concluded, and signed and
sealed by Lieutenant Colonel Sir A. Burnes, Knight, Envoy on the part
of the Right Honourable George Lord Auckland, g. c. b., Governor
General of India, and Meer Roostum Khan, on the part of himself.
52 Ti: KATIES, ENGAGEMENTS, AND SUNNUDS.
SINDH. Chief of Kheirpore, the ratification by the Right Honourable the Gov-
No. XI. emor General shall he exchanged within forty-five days from the present
date.
Done at Kheirpore this 2,4th day of December 1838, corresponding
with the 6th day of Shaval a. h. 1254.
(Signed) Alex. Burnes,
Envoy to Khelat.
Ratified by the Right Honourable the Governor General of India in
Camp Bhagapoorana on the 10th January 1839.
(Signed) H. Torrens,
Offg. Secy, to the Govt, of India,
with the Governor General.
Separate Article.
Since the British Government has taken upon itself the respon-
sibility of protecting the State of Kheirpore from all enemies, now and
hereafter, and neither coveted any portion of its possessions nor fortresses
on this side or that side of the Indus, it is hereby agreed upon by Meer
Roostum Khan, his heirs and successors, that if the Governor General,
in time of war, should seek to occupy the fortress of Bukker as a
depot for treasure and munitions, the Ameer shall not object to it.
This separate Article having been concluded, signed and sealed by
Lieutenant Colonel Sir Alexander Burnes, Knight, envoy on the part
of the Right Honourable George Lord Auckland, g. c. b., Governor
General of India, and Meer Roostum Khan, on the part of himself,
Chief of Kheirpore, the ratification by the Right Plonourable the
Governor General shall be exchanged within forty-five days from the
present date.
Lone at Kheirpore this Z&th day of December 1838, corresponding
with the 6th day of Shaval a. h. 1254.
(Signed) A. Burnes,
Envoy to Kheirpore.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 53
The Goveenob Genebal to Meek Roostum Khan, of Kheibpobe, Camp Bhaga- SINDH.
poorana, 10th January 1839. ~ 77j~
The judicious mediation of your friend Sir A. Burnes, the highly
esteemed and able Agent of my government now with you, has by the
blessing of God brought about the establishing of our mutual good
understanding by Treaty on a firm and lasting basis.
The support afforded to you by the guarantee of the British Govern-
ment will, I am well assured, prove a source of future strength, and, if it
be God's will, of continued prosperity, to your country ; and I am glad
to acknowledge the advantages which I hope to derive from your alliance
and support in the warlike operations which I am about to undertake.
Having entered into a Treaty with your Highness in all honesty
and good faith, I should be sorry to find any part of the written agree-
ment between us so worded as to leave either your successors or mine
under the supposition that we concluded our compact in a spirit, on the
one side or the other, of any thing like jealousy or distrust.
The mention, however, of a previous written agreement, in every
instance, as to the temporary character of the occasional occupation of
Sindh by the English, is calculated to convey this unpleasant idea.
I have therefore struck it out ; and in place of inserting a sentence
which casts a doubt on the sincerity of our intentions, I address you
this friendly letter, as a lasting assurance of the plain meaning and
purpose of the words of the separate Article, namely, that the British
shall avail themselves of the fort of Bukker, the citadel of their ally
the Meer of Kheirpore, only during actual war and periods of preparing
for war like the present.
I trust that this mode of re-assuring your Highness will have the
double effect of setting your mind at ease and of putting you in posses-
sion of a written testimony to my intentions, such as may remain
among your records in pledge of the sincerity of the British Government.
I have, &c,
(Signed) Auckland.
54 TREATIES, ENGAGEMENTS, AND SUNNUDS.
SINDH. Agreement with Meeb Mobabik Khan, of Kheibpobe.
Ho. XI. Whereas Treaties of firm friendship and sincere amity have long
been established between the government of the East India Company
and that of Kheirpore, in Sindh, at the present time, agreeably to the
request and desire of His Highness Meer Roostum Khan, Talpore, and
for the satisfaction of His Highness Meer Mobarik Khan, Talpore,
the following additional agreement has been made through the agency
of Lieutenant Colonel Sir Alexander Burnes, Knight, envoy on the
part of the Governor General, in virtue of full powers vested in him by
the Right Honourable George Lord Auckland, g. c. b., Governor General
of India, &c, &c, &c.
The East India Company hereby agrees never to covet one rea of
the revenue of the share of Sindh in possession of Meer Mobarik
Khan, nor to interfere in its internal management.
The said Company further agrees to preserve the same friendly
relation towards the said Meer Mobarik Khan and his descendants
that it does towards Meer Roostum Khan, in conformity with the terms
of the Treaty now made with His Highness Meer Roostum Khan.
Done at Kheirpore, this 28th day of December 1838, corresponding
with the llth day of Saval 1254 a. h.
(Signed) A. Burnes.
Ratified by the Right Honourable the Governor General, Camp
Dunowla, on the 16th of January 1839.
(Signed) H. Torrens,
Ofg. Secy, to the Govt, of India,
with the Governor General.
The same to Meer Mahomed Khan and Meer Ali Murad Khan.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 55
No. XII. SINDH.
Agreement for the surrender of Kurrachee, February 7th, 1839. No, XII.
Hassel Ben Butcha Khan, Subadar in the employ of the Governor
of the fort and town of Kurrachee, and late Commandant of the fort on
the point at the entrance of the harbour, has been this third day of
February one thousand eight hundred and thirty-nine sent on board
Her Britannic Majesty's Ship Welles ley by the said Governor (Khyer
Mahomed) with full powers to treat with the British Authorities for the
surrender of the said fort and town of Kurrachee, accompanied by Synah
Khan, in the service of Meer Noor Mahomed, who had been sent for
the same purpose by Ali B-akhi to treat on the part of the civil govern-
ment of the town.
It is, therefore, this day agreed by the said Hassel Ben Butcha
Khan and Synah Khan, in the name of the said two Governors on the
one part, and by His Excellency Rear Admiral Sir Frederick Lewis
Maitland, k. c. b., Commander-in-Chief of Her Britannic Majesty's
naval forces in the East Indies, and Brigadier Thomas Valiant, k. h.,
Commanding the British reserve Military force in Sindh, in the name
and on behalf of the Honourable East India Company, on the other part.
Article 1.
That the full possession of the fort and town of Kurrachee shall be
this day given up by the aforesaid Governor to the British forces.
Article 2.
That the British land forces under the command of the said Briga-
dier Valiant shall this day, or as soon after as the Brigadier may deem
it convenient, be allowed to encamp near the town, and that such boats
shall be supplied by the native government as may be required by the
British army, upon payment of the usual boat hire for them, as also such
camels and other means of conveyance as may be hereafter necessary,
upon the like terms ; as well as that all kinds of provisions and other
supplies shall be furnished for the use of the said British forces as they
may stand in need of and require, the same being paid for at the usual
rates of the country.
56 TREATIES, ENGAGEMENTS, AND SUNNUDS.
SINDH. In consequence of the fulfilment of these terms, the British officers
No. XII. before mentioned agree, in the name of the Honourable East India Com-
pany, that the persons and property of all the inhabitants of the fort and
town of Kurrachee shall be held sacred, and that they shall be at liberty
to carry on their business as heretofore ; that their trading vessels shall
be allowed to enter the port, and trade as usual without the slightest
interruption ; and further that the civil government of Kurrachee shall
be carried on by the Authorities of the place.
In witness whereof we have, this third day of February one thousand
eight hundred and thirty-nine, set our hands hereunto, on board Her
Britannic Majesty's Ship Wellesley, off Kurrachee.
(Signed) Fred. Lewis Maitland,
Rear Admiral and Commander-in-Chief
of II. B. 31. Naval Forces in India.
(Signed) T. Valiant,
Brigadier Commanding Reserve
Force in India.
The X mark of Hassel Ben Butcha.
The X mark of Synah Khan.
We, whose signatures are hereunto attached, ratify the above as the
acts of our servants, in which we fully concur.
The X mark of Khyer Mahomed.
The X mark of Ali Rakhi.
Witness, this 1th day of February 1839.
(Signed) J. Gray,
Her Majesty's \Wi Regiment.
(Signed) T. Postans, Lieut.,
Interpreter to Reserve Force.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 57
No. XIII. SINDH.
Tbeaty between the Beitish Govebnment and the Ameers of Hyderabad, viz., No. XIII.
Meee Noob Mahomed Khan, Meee Nusseeb Mahomed Khan, Meeb
Meee Mahomed Khan, and Meee Sobdae Khan, 1839.
Whereas Treaties of friendship and amity have from time to time
been entered into between the British Government and the Ameers
of Sindh ; and whereas circumstances have lately occurred which render
it necessary to revise those Treaties ; and a separate Treaty has already
been concluded between the British Government and Meer Roostum
Khan of Kheirpore ; the following Articles have been agreed upon by the
contracting parties : —
Article 1.
There shall be lasting friendship, alliance, and unity of interest
between the Honourable East India Company and the Ameers of Hyde-
rabad, Meer Noor Mahomed Khan, Meer Nusseer Mahomed Khan,
Meer Meer Mahomed Khan, and Meer Sobdar Khan.
Article 2.
A British force shall be maintained in Sindh and stationed at
Tatta, or such other place westward of the river Indus as the Governor
General of India may select. The Governor General will decide upon
the strength of this force, which it is not intended shall exceed 5,000
fighting men.
Article 3.
Meer Noor Mahomed Khan, Meer Nusseer Mahomed Khan, and
Meer Meer Mahomed Khan bind themselves to pay severally the sum
of one lakh of Rupees, being three lakhs of Rupees altogether of the
Company's currency, or of that called Bakkroo, or Timooree, in part pay-
ment of the expense of the British force every year. Meer Sobdar
Khan is exempted from all contribution to the expense of this force.
Article 4.
The British Government takes upon itself the protection of the
territories now possessed by the Ameers of Hyderabad from all foreign
aggression.
vol. vli. *
58 treaties, engagements, and sunnuds.
sindh. Article 5.
No. XIII. The four Ameers, party to this Treaty, shall remain absolute rulers
in their respective principalities; and the jurisdiction of the British
Government shall not be introduced into their territories. The officers
of the British Government will not listen to or encourage complaints
against the Ameers from their subjects.
Article 6.
The four Ameers, being confirmed in their present possessions by the
preceding Article, will refer to the Resident in Sindh any complaint of
aggression which one of them may have to make against another ; and
the Resident, with the sanction of the Governor General, will endeavour
to mediate between them and settle their differences.
Article 7.
In case of aggressions by the subjects of one Ameer on the ter-
ritories of another, and of the Ameer by whose subjects such aggressions
are made declaring his inability to prevent them in consequence of the
offending parties being in rebellion to his authority, on a representation
of the circumstances being made to the Governor General by the Resi-
dent, the Governor General will, if he sees fit, order such assistance to be
afforded as may be requisite to bring the offenders to punishment.
Article 8.
The Ameers of Sindh will not enter into any negotiation with any
foreign Chief or State without the knowledge and sanction of the Bri-
tish Government; their amicable correspondence with friends and rela-
tions may continue.
Article 9.
The Ameers of Sindh will act in subordinate co-operation with
the British Government for purposes of defence, and shall furnish for
the service of the British Government a body of 8,000 troops, horse
and foot, whenever required ; these troops, when employed with the Bri-
tish forces, will be under the orders and control of the commanding
TREATIES, ENGAGEMENTS, AND SUNNUDS. 59
officer of the British forces. The Sindh contingent troops, if employed SINDH.
under British officers beyond the Sindh frontier, will be paid by the Bri- No. XIII.
tish Government.
Article 10.
The Bakkroo or Timooree Rupee current in Sindh and the Honourable
Company's Rupee being of equal value, the currency of the latter coin
shall be admitted in the Sindh territories. If the officers of the British
Government establish a mint within the territories of the Ameers, parties
to this Treaty, and there coin the Bakkroo or Timooree Rupee, the Ameers
shall be entitled, after the close of the present military operations in
Afghanistan, to a seignorage on the coinage according to the customs
of the country.
Article 11.
No toll will be levied on trading-boats passing up or down the
river Indus, from the sea to the northernmost point of that stream,
within the territories of the Ameers of Hyderabad.
Article 12.
But any merchandize landed from such boats on their passage up or
down the river and sold shall be subject to the usual duties of the
country ; provided always that goods sold in a British camp or canton-
ment shall be exempt from the payment of duty.
Article 13.
Goods of all kinds may be brought by merchants and others to the
mouths of the Indus (Gorabaree) at the proper season, and kept there at
the pleasure of the owners till the best period of the year for sending
them up the river ; but should any merchant land and sell any part of
his merchandize, either at Gorabaree or anywhere else (except at the
British cantonment), such merchant shall pay the usual duties upon them.
Article 14.
The provisions of this Treaty agreed upon by the Governor General
of India on the one part, and the Ameers Meer Noor Mahomed Khan,
Meer Nusseer Mahomed Khan, Meer Meer Mahomed Khan, and Meer
00 TREATIES, ENGAGEMENTS, AND SUNNTTDS.
SINDH. Sobdar Khan on the other part, shall be binding for ever on all suc-
Nos. XIII ceeding governments of India, and on the heirs and successors of the
& XIV. said Ameers in perpetuity ; all former Treaties between the contracting
parties not rescinded by the provisions of this engagement remaining
in force.
This Treaty, consisting of fourteen Articles, having been signed in
quadruplicate by the Eight Honourable George Lord Auckland, g. c. b.,
Governor General of India, at Bussee, on the 11th day of March 1839,
one of these four documents will be separately granted, through Colonel
H. Pottinger, Resident, Hyderabad, the negotiator of the Treaties, to
each of the four Ameers, on his delivering a counterpart engagement,
under his seal and signature, to the British Resident in Sindh, Colonel
H. Pottinger.
Bated ihe Wth March 1839. (Signed) Auckland.
No. XIV.
Treaty of fourteen Articles between the British Government and the Ameer
of Meerpore, Meer Sher Mahomed Khan.
Whereas Treaties of amity and friendship have been concluded
between the Honourable East India Company and the Ameers of Hy-
derabad, a separate Treaty on the same principle is now entered into
between that power and His Highness Meer Sher Mahomed Khan
of Meerpore, and the following Articles have been agreed upon by the
contracting parties :—
Article 1.
That there shall be lasting friendship, alliance, and unity of inter-
ests between the Honourable East India Company and the Ameer of
Meerpore, Meer Sher Mahomed Khan.
Article 2.
Meer Sher Mahomed Khan binds himself to pay every year the
sum of half a lakh of Rupees (50,000) of the Company's currency in
part payment of the expense of the British force stationed in Sindh,
viz., on the 1st of February of each year.
treaties, engagements, and sunnuds. 61
Article 3. sindh.
The British Government takes upon itself the protection of the No. XIV.
territory now possessed by the Ameer of Meerpore from all foreign
aggression.
Article 4.
Meer Slier Mahomed Khan shall remain sole ruler in his princi-
pality, and the jurisdiction of the British Government shall not be in-
troduced into his territory ; the officers of the British Government will
not listen to or encourage complaints against the Ameer from his
subjects.
Article 5.
The Ameer being confirmed in his present undisputed possessions
by the preceding Article will refer to the British representative in
Sindh any complaint of aggression which he may make against any of
the other Ameers; and the Political Agent, with the sanction of the
Governor General, will endeavour to mediate between them and settle
their differences.
Article 6.
The territories at present disputed between Meer Sher Mahomed
Khan and the Ameers of Hyderabad shall be submitted to the decision
of arbitrators appointed by both parties and an umpire appointed by
the Political Agent.
Article 7.
In case of aggression by the subjects of one Ameer on the ter-
ritories of another, and of the Ameer by whose subjects such aggressions
are made declaring his inability to prevent them, in consequence of the
offending parties being in rebellion to his authority, on a representation
of the circumstances being made to the Governor General by the Politi-
cal Agent, the Governor General will, if he sees fit, order such assistance
to be afforded as may be requisite to bring the offenders to punishment.
Article 8.
The Ameer will not enter into any negotiation with any foreign Chief
or State without the knowledge and sanction of the British Government ;
his amicable correspondence with his friends and relations may continue.
62 treaties, engagements, and sunnuds.
sindh. Article 9.
No. XIV. r^ Ameer will act in subordinate co-operation with the British
Government for the purposes of defence, and shall furnish for the ser-
vice of the British Government a proportional quota of troops to that
supplied by other Ameers whenever required. These troops, when em-
ployed with British forces, will be under the orders and control of the
commanding officer of the British forces ; the Ameer's troops, if employed
beyond the Sindh frontier, will be paid by the British Government.
Article 10.
The Bakkroo or Timooree Rupee current in Sindh and the
Honourable Company's Rupee being of equal value, the currency of the
latter coin shall be admitted into the Ameer's territory.
Article 11.
No toll will be levied on trading boats passing up or down the
River Indus from the sea to the northernmost point of that stream
within the territories of the Ameer.
Article 12.
But any merchandize landed from boats on their passage up or
down the river and sold shall be subject to the usual duties of the
country, provided always that goods sold in a British camp or canton-
ment shall be exempt from the payment of duty.
Article 13.
Goods of all kinds may be brought by merchants and others to the
mouths of the Indus (Gorabaree) at the proper season, and kept there
at the pleasure of the owners till the best season of the year for sending
them up the river ; but should any merchant land and sell any part
of his merchandize either at Gorabaree or anywhere else, except at
the British cantonment, such merchant shall pay the usual duty.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 63
Article 14. SINDH.
The provisions of this Treaty agreed upon by the Governor General N<»- X*V
of India on the one part and Meer Sher Mahomed Khan on the other
part shall be binding for ever on all succeeding governments of India,
and on the heirs and successors of the said Ameer in perpetxuty.
(Signed) Auckland.
Bated the 11th Rulbee-ool-awul 1257 a. h..} corresponding with 18M
June 1841 a. d.
Ratified and signed by the Right Honourable the Governor General
"of India, at Fort William in Bengal, on the 16th August in the year
of our Lord one thousand eight hundred and forty-one.
(Signed) T. H. Maddock,
Secy, to the Govt, of India.
No. XV.
Dbaft of a Tbeaty between the Ameers of Hyderabad and the British
Government.
Article 1.
The Ameers of Hyderabad are relieved from the payment of all
tribute to the British Government, which, under existing engagements,
would become due after the 1st of January 1843.
Article 2.
The only coin legally current in the dominions of the Ameers
of Hyderabad after the 1st of January 1845 shall be the Company's
Rupee and the Rupee hereinafter mentioned.
Article 3.
The British Government will coin for the Ameers of Hyderabad
such number of Rupees as they may require from time to time, such
Rupees bearing on one side the effigy of the Sovereign of England,
&xv.
64 TREATIES, ENGAGEMENTS, AND SUNNUDS.
SINDH. with such inscription as the British Government may from time to
No. XV. time adopt, and on the reverse such inscription or device as the Ameers
may prefer.
Article 4.
Such Rupees so to be coined for the Ameers shall contain the same
quantity of silver and of the same fineness as the Company's Rupees ;
and for every Rupee so coined the Ameers shall deliver to the officers of
the British Government, who may hereafter be from time to time ap-
pointed to receive the same, a quantity of silver equal to that contained
in such Rupee, and of equal fineness, or approved bills of equal value ;
and such Rupees so coined for the Ameers shall be delivered to them
within four months after the receipt, by the appointed Officer, of the
silver equivalent thereto, or within four months after the payment of the
approved bills for the amount, without any charge for the coinage, which
charge will be wholly borne by the British Government.
Article 5.
The Ameers, in consideration of the above engagement, renounce
the privilege of coining money, and will not exercise the same, from the
date of the signature of this Treaty.
Article 6.
With a view to the necessary provision of wood for the use of
steamers navigating the Indus and the rivers communicating therewith,
the British Government shall have the right to fell wood within one
• hundred yards of both banks of the Indus within the territories of the
Ameers ; but the British Government, being unwilling to exercise such
right in a manner inconvenient or disagreeable to the Ameers, will exer-
cise it only under the direction of British officers, and will refrain from
all exercise thereof, so long as the Ameers shall provide, at the places to
be named, such a quantity of wood fit for the purpose of fuel at the price
of the as the
officers of the British Government may from time to time require.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 05
Article 7. SINDH.
The following places and districts are ceded in perpetuity to the No. XV.
British Government : Kurrachee and Tatta, with such arrondissement as
may be deemed necessary by Major General Sir Charles Napier ; and,
moreover, the right of free passage over the territories of the Ameers
between Kurrachee and Tatta along such line, and within such limits on
either side thereof as Major General Sir Charles Napier may prefer;
and within such limits the officers of the British Government shall alone
have jurisdiction.
Article 8.
All the rights and interests of the Ameers, or of any one of them,
in Subzulkote, and in all the territory intervening between the present
frontier of Bhawulpore and the town of Roree, are ceded in perpetuity to
His Highness the Nawab of Bhawulpore, the ever faithful ally and
friend of the British Government.
Article 9.
To the Meer Sobdar Khan, who has constantly evinced fidelity to
his engagements and attachment to the British Government, is ceded
territory producing half a lakh of annual revenue, such cession being
made in consideration of the loss he will sustain by the transfer of Kurra-
chee to the British Government, and as a reward for his good conduct.
Article 10.
The Commissioner appointed by Major General Sir Charles Napier
for the execution of this Treaty will, after hearing the several Ameers,
finally decide what lands shall be made over* to Meer Sobdar Khan, in
pursuance of the above Article, by the other Ameers.
Article 11.
Inasmuch as the territories to be ceded by the several Ameers,
under the provisions of this Treaty, differ in annual value, and the
amount of the tribute now payable by the several Ameers is not altogether
the same, the Commissioner appointed by Major General Sir Charles
vor.. vn. *
TULiTTBS, ESCACEWOTS. A3TO «\XSID6.
SPTDH- Napier shall hear the several Ameefs as to the annual rahse of the lands
xt *o ceHed, and snail ih< ln> wnat payments ot Boaff, or won cesmms ot
hmd m hen thutmC AaD he made hy the Amimi >, who shall nab no ces-
aanof lands, or cBiiiwhm of lands of inferior value, to such as shall
make sneh cessions of higher value under thk Treaty, that so the value
of the cessions made hy the ameul Amu,m (always cicrptiHg Meer
shafl he as nearly eosssaensante as possible with the tri-
te the payment of which each was before liable.
Aomli
The remainder of the tribute now payable whieh shall not be ah-
the nuling of such i onus mi slam \, or lands yielding an an-
me of equal amount, shall he at the disposal of the British
hut the British Government will retain no portion thereof
.:>. _:
Simi*, AWemier l/i, 1S42.
Dsaft of Tsn&rv between the British Cwuitat and the Ameer* of Kkeirpore.
ArncLE 1.
The pergunnah of Bhocng Bhara, and the third part of die dktriet
of Suhndkote, and the villages of Gotkee, Maladee, Chaonga, Dadoola,
and Unexpose, and all the territories of the Ameers of Kheirpore, or
any of them mtervening between the present A— i«inn« of His High-
ness the Xawab of Bhawulpore and the town and dktriet of Boree, are
ceded in perpctuiti to Hk Highness the Xawab.
Asncjjt 2.
The town of Snkknr, with such arrondksement as shall he deemed
hy Major General Sir Charles Napier, and the islands of
mi the town of Boree, with such
he eVassedmaoaaryhy Major General Sir Charles
Napier, are ceded in perpetuity to the British Government.
TREATIES, EXGAGEMESTS, AMD SCMTCnS. (7
ARTICLE 3. 8IWDH.
The Commissioner appointed by Major General Sir Charles Napier *••**-
for the execution of this Treaty and of the Treaty to be eondnded with
the Ameers of Hyderabad shall appropriate the surplus tribute, tarn
which the Ameers of Hyderabad will be relieved by that Treaty (of
which an account will be rendered to the Ameers of Kheirpore), or
of equal value in lien thereof, first, to the indemnifieation of
of Kheirpore, other than Meer Boostnm Khan and Meer Ni
as may make cessions of territory under tins Treaty, and then, for the
benefit of Meer Boostnm Khan and Meer Nusseer Khan, in proportion
to the annual value of the cessions made by them respectively under this
Treaty.
Article 1.
The Ameers of Kheirpore having, by the Treaty eondnded on the
llth December 1S38, agreed, "in order to improve by every means
possible the growing intercourse by the river Indus, to anord all co-oper-
ation with the other powers in any measures which may heteaflet be
thought necessary for extending and facilitating the commerce and
navigation of the Indus," and the Ameers of Hyderabad having since,
by a Treaty concluded in 1S39, agreed "that no toll shall be levied on
trading boats passing up and down the river Indus from the sea to the
northernmost point of that stream within then* territories, with the
proviso that any merchandize landed from such boats on their passage
up or down the river and sold shall be subject to the usual duties of the
country, except goods sold in a British camp or cantonment^ which goods
shall be exempt from the payment of duty,0 the Aimm-ra of Kheirpore
now agree to abide by and observe the above provision, in the same
man-Mr and as fully as if ibe same were inserted in the Treaty eon-
eluded by them in 1S3S.
Article 5.
The only coin legally current in the dominions of the Ameers of
Kheirpore after the 1st January 1845 shall be the Company's Rupee and
the Rupee hereinafter mentioned.
68 treaties, engagements, and sunnuds.
sindh. Article 6.
No. XV. The British Government will coin for the Ameers of Kheirpore such
number of Rupees as they may require from time to time, such Rupees
bearing on one side the effigy of the Sovereign of England, with such
inscription as the British Government may from time to time adopt, and
on the reverse such inscription or device as the Ameers may prefer.
Article 7.
Such Rupees, so to be coined for the Ameers, shall contain the same
quantity of silver and of the same fineness as the Company's Rupees j
and for every Rupee so coined, the Ameers shall deliver to the officers of
the British Government, who may hereafter be from time to time
appointed to receive the same, a quantity of silver equal to that con-
tained in such Rupee and of equal fineness, or approved bills of equal
value ; and such Rupees, so coined for the Ameers, shall be delivered over
to them within four months after the receipt, by the appointed officer, of
the silver equivalent thereto, or within four months after the payment
of the approved bills for the amount, without any charge for the coinage,
which charge will be wholly borne by the British Government.
Article 8.
The Ameers, in consideration of the above engagement, renounce
the privilege of coining money, and will not exercise the same, from the
date of the signature of this Treaty.
Article 9.
With a view to the necessary provision of wood for the use of
steamers navigating the Indus and the rivers communicating therewith,
the British Government shall have the right to fell wood within 100
yards of both banks of the Indus within the territories of the Ameers ;
but the British Government, being unwilling to exercise such right in
a manner inconvenient or disagreeable to the Ameers, will exercise it
only under the direction of British officers, and will refrain from all
exercise thereof so long as the Ameers shall provide, at the places to be
TREATIES, ENGAGEMENTS, AND SUNNUDS. 69
named, such quantity of wood fit for the purposes of fuel at the price SINDH.
of the as the officers of the British No. xv.
Government may from time to time require.
Article 10.
The British Government renounces every claim heretofore made
upon the late Meer Mobarik Khan, or upon Meer Nusseer Khan, or
the other sons of the late Meer Mobarik Khan, on account of nuzzer-
ana, in the name of the late Shah Suja, or on account of annual tribute,
and the arrears thereof and the interest thereon, on its own behalf.
Simla, November &th} 1842.
KHELAT.
The territory belonging to the Brahui Khans of Khelat extends
from the Mekran coast to a distance of about 400 miles north, and about
the same distance from the Sindh frontier to the west of the provinces
of Punjgoor and Kedge. The allegiance of the outlying provinces to the
Khan is, however, little more than nominal, and their Chiefs omit no
opportunity of asserting their independence. The first Khan of any note
was Abdullah Khan, who, at the commencement of the eighteenth century,
affected to be independent of the Delhi empire and reduced several
provinces to his rule. During the reign of his son Mahabut Khan
occurred the invasion of India by Nadir Shah and the annexation of the
whole of the territories west of the Indus to his dominions. On the dis-
memberment of the Persian empire after the death of Nadir Shah, Khelat
formed part of the territories over which Ahmed Shah Abdali established
his supremacy. Mahabut Khan, who was unpopular with his Chiefs,
was deposed by Ahmed Shah, and his younger brother Nusseer Khan
was appointed to rule in his stead. From this time the power continued
with the younger branch of the family till the foolish attempt which the
British Government made after the Afghan war to change the succession.
Nusseer Khan is by far the most distinguished of the Khans of
Khelat. His rule was vigorous. His policy of uniting the Beloch
tribes so consolidated his power, that he found himself strong enough to
rebel against Ahmed Shah, who ceded to him the districts of Shawl and
Mustung. In the west his dominions were extended by the conquest
of Punjgoor and Kedge. He was succeeded in 1795 by his son Mali,
mood Khan, and he, in 1819, by his son Mehrab Khan, in whose time the
political connection of the British Government with Khelat commenced.
From the time of Nusseer Khan the Chiefs of Khelat remained
faithful in their allegiance to Cabool. In their internal government
they acted in concert with the Chiefs of Sarawun and Jalawun, who held
the position of hereditary counsellors. The office of minister was also
hereditary. Mehrab Khan was a well-meaning but weak ruler. He
TREATIES, ENGAGEMENTS, AND SUNNTTDS. 71
disgusted his Chiefs by surrendering1 himself to the influence of one KHELAT.
Daood Mahomed, a man of low extraction, for whom he sacrificed the "
hereditary minister Futteh Mahomed. Daood Mahomed, however, was
killed by Futteh Mahomed's son, Naib Moolla Hossein, who was res-
tored to the hereditary office, but who never forgave the injury done to
his father. To the treacherous revenge of Moolla Hossein are attribut-
able all the misfortunes which subsequently overtook Mehrab Khan.
On the failure of Shah Suja's first attempt to recover his dominions
in 1833, the ex-king found refuge for a short time at Khelat before his
return to his exile at Loodhiana. When the expedition of 1838 for the
restoration of the Shah was determined on, a British officer, Lieutenant
Leech, was sent to Khelat to secure the co-operation of Mehrab Khan,
through whose territories the armies had to march. Moolla Hossein,
however, contrived to create a dislike between the Khan and Lieutenant
Leech, and the latter left without attaining his object. The treacherous
minister further caused it to be believed that the Khan had seized stores
of grain which had been collected for the British troops, and he wrote
orders in the Khan's name, but without his knowledge, inciting the tribes
to rise and harrass the British army on its line of march. Sir Alexander
Burnes was deputed to Khelat to allay the supposed hostility of the
Khan and to negotiate a Treaty* with him. The Treaty was signed
contrary to the secret wishes of Moolla Hossein, and the Khan agreed to
proceed to Quetta to pay his respects to Shah Suja. Sir A. Burnes
* Abticles of an Engagement concluded between the British Government and Mehbab
Khan, the Chief of Khelat.
Whereas a Treaty of lasting friendship has been concluded between the British Gov-
ernment and His Majesty Shah Suja-ool-inoolk, and Mehrab Khan, the Chief of Khelat, as
well as his predecessors have always paid homage to the Royal House of the Suddozycs ;
therefore, with the advice and consent of the Shah, the under-mentioned Articles have been
agreed upon by Mehrab Khan and his descendants from generation to generation. As long
as the Khan performs good service, the following Articles will be fulfilled and preserved : —
Aeticle 1.
As Nusseer Khan and his descendants, as well as his tribe and sons, held possession of
the country of Khelat, Kutchee, Khorstan, Mckran, Kedge, Bela, and the port of Soumeeanee
in the time of the lamented Ahmed Shah Dooranec, they will in future be masters of their
country in the same manner.
72 TREATIES, ENGAGEMENTS, AND SUNNUDS.
KHELAT. preceded him, and on his way was waylaid by a party appointed by
Moolla Hossein and robbed of the draft Treaty which the Khan had
signed. The belief that this was done at the instigation of the Khan
was studiously impressed on the British Government, and the Khan
himself was prevented from going to Quetta by Moolla Hossein, who
Article 2.
The English Government will never interfere between the Khan, his dependants and
subjects, particularly lend no assistance to Shah Newaz. Futteh Khan and the descendants
of the Mahabutzye branch of the family, but always exert itself to put away evil from his
house. In case of His Majesty the Shah's displeasure with the Khan of Khelat, the English
Government will exert itself to the utmost to remove the same in a manner which may
be agreeable to the Shah and according to the rights of the Khan.
Abticle 3.
As long as the British army continues in the country of Khorasan, the British Govern-
ment agrees to pay to Mehrab Khan the sum of oue and a half lakh of Company's Rupees
from the date of this engagement, by half-yearly instalments.
Article 4.
In return for this sum the Khan, while he pays homage to the Shah and continues in
friendship with the British nation, agrees to use his best endeavours to procure supplies,
carriage, and guards to protect provisions and stores going and coining from Shikarpore by
the route of ltozan, Dadur, the Pass of Bolan, through Shamal, to Koochlak from one
frontier to another.
Article 5.
All provisions and carriage which may be obtained through the means of the Khan,
the price of the same is to be paid without hesitation.
Article 6.
As much as Mehrab shows his friendship to the British Government by service and
fidelity to the Suddozye family, so much the friendship will be increased between him and
the British Government, and on this he should have the fullest reliance and confidence.
This agreement having been concluded, signed, and sealed, by Lieutenant Colonel Sir A.
Burnes, Knight, envoy on the part of the Right Honourable George Lord Auckland, a. c B.,
Governor General of India, and Mehrab Khan, of Khelat, on the part of himself, the
same shall be duly ratified by the Right Honourable the Governor General.
Done at Khelat the 2&th day of March a. d., 1839 corresponding with the \2th day of
Mohurrum a. h. 1255.
(Signed) A. Burnes,
Envoy to Khelat.
TREATIES, ENGAGEMENTS, AND SUNNIJDS. 73
frightened him into the belief that the British intended to make him a KHELAT.
prisoner. The proofs of the Khan's hostility were now apparently com- ~
plete, and it was resolved to punish him when a fitting opportunity
occurred.
When General Wiltshire's brigade was returning from Cabool in
1839, a detachment was sent to Khelat to punish the Khan. The town
was taken by storm on the 13th of November. Mehrab Khan fell in the
assault, and his son Hossein Khan fled. From the papers discovered in
the fort, the treachery of Moolla Hossein was fully proved. He was
therefore made a prisoner. In attendance on the British army was one
Shah Newaz Khan, a youth of fourteen, descended in the direct male
line from Mahabut Khan, who had been deposed by Ahmed Shah. This
youth, and his brother Futteh Khan, had been imprisoned by Mehrab Khan,
but had effected their escape. Shah Newaz Khan was set up by the Bri-
tish Government as Khan of Khelat, but the provinces of Sarawun and
Kutch Gundava were annexed to the dominions of the king of Cabool.
Shortly after the accession of Shah Newaz Khan, a revolution
broke out, headed by Mehrab Khan's son, who had assumed the name of
Nusseer Khan. Shah Newaz was deposed, the British representative at
Khelat was murdered, and there was open war between Nusseer Khan
and the British Government. As the only means of quieting the coun-
try and doing tardy justice to the memory of the unfortunate Mehrab
Khan, the British Government reversed its policy, established Nusseer
Khan in power, and restored to him the districts which had been annexed
to Cabool. A Treaty (No. XVI.) was concluded with him on 6th
October 1841.
After the withdrawal of the British armies from Cabool, this Treaty,
by which Khelat was acknowledged to be a dependency of Cabool, became
a dead letter. In 1842 a proposal was made to conclude a Supplementary
Treaty, by which pecuniary aid should be substituted for military support
to the Khan; but this suggestion was not acted upon. In 1854, however,
when war between England and Russia was threatened, and it became of
importance to strengthen British influence on the western frontier, a new
Treaty (No. XVII.) was concluded with the Khan, which abrogated the#
Treaty of 1841, renewed the obligations of the Khan to oppose all the
enemies of the British Government, to act in subordination to the
VOL. VII. ^
74 TREATIES, ENGAGEMENTS, AND SUNNUDS.
KHELAT. British Government, to enter into no negotiations with other States with-
"" out its consent, and to receive British troops into his country if such a
measure should be deemed necessary. By this Treaty also the British
Government granted to the Khan an annual subsidy of Rupees 50,000,
on condition of his preventing his subjects from committing outrages
within or near British territory, of his protecting merchants, and per-
mitting no exactions on trade beyond certain specified duties.
Nusseer Khan died in 1857. It was afterwards discovered that he
had been poisoned. There were three claimants for the succession, Azim
Khan, brother of Mehrab Khan ; his son, of the same name ; and Kho-
dadad Khan, half-brother of the late Chief. The last, an imbecile youth,
was elected by the Chiefs, with whom, however, he soon embroiled him-
self. He also had to contend against the pretensions of Futteh Khan, the
brother of our nominee Shah Newaz Khan, who was supported by Azad
Khan, of Kharan. But for the countenance and support of the British
Government, he could not have maintained himself in power for many
days. In 1859 the British Government gave the Khan Rupees 50,000,
in addition to the subsidy paid under the Treaty, to enable him to
strengthen his hands and meet the cost of reducing the rebellious tribe
of Murrees, who harrassed the British frontier. This additional grant
was paid for four successive years, but very little good resulted from it.
The leading Chiefs of Khelat conspired against Khodadad Khan, and, on
17th March 1863, proclaimed his cousin, Sherdil Khan, as their ruler.
The town and fort of Khelat were surrendered to the rebels without a
show of defence. Sherdil Khan was murdered in May 1864, and
Khodadad Khan was re-elected Chief of the State. He has been recog-
nized by the British Government as Khan of Khelat, and the payment of
the subsidy of Rupees 50,000, under the Treaty of 1854, which had been
suspended during the disturbances in the country, has been revived.
In 1863 a convention (No. XVIII.) was made with Khodadad Khan,
by which he engaged to secure the protection of the Mekran telegraph
within the territories of his feudatory Chiefs in consideration of a sub-
sidy of Rupees 5,000 a year to be paid to the Chiefs, and authorized the
British Government to make their own arrangements for subsidizing his
feudatories. During the revolution in Khelat this convention was de-
clared to be in abeyance.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 75
No. XVI. KHELAT.
Treaty entered into between the Government of India and Meeb Ncsseeb Khan, No- XVI.
Chief of Khelat.
Whereas Meer Nusseer Khan, son of Mehrab Khan, deceased,
having tendered his allegiance and submission, the British Government
and His Majesty Shah Suja-ool-moolk recognise him, the said Nusseer
Khan, and his descendants as Chief of the principality of Khelati-Nusseer
on the following terms : —
Article 1.
Meer Nusseer Khan acknowledges himself and his descendants the
vassals of the king of Cabool, in like manner as his ancestors were for-
merly the vassals of His Majesty's ancestors.
Article 2.
Of the tracts of country resumed on the death of Meer Mehrab
Khan, namely, Cutchee, Moostung, and Shawl, the two first will be
restored to Meer Nusseer Khan and his descendants through the kindness
of His Majesty Shah Suja-ool-moolk.
Article 3.
Should it be deemed necessary to station troops, whether belonging
to the Honourable' Company or Shah Suja-ool-moolk, in any part of the
territory of Khelat, they shall occupy such positions as may be thought
advisable.
Article 4.
Meer Nusseer Khan, his heirs and successors, will always be guided
by the advice of the British officer residing at his Durbar.
Article 5.
The passage of merchants and others into Afghanistan from the
river Indus on the one side, and from the sea-port of Soumeeanee on the
other, shall be protected by Meer Nusseer Khan as far as practicable, nor
76
TREATIES, ENGAGEMENTS, AND SUNNUDS.
KHELAT. will any aggression be practised on such persons, or any undue exactions
N XV1 made beyond an equitable toU to bfl &wd by the British Government
and Meer Nusseer Khan.
Article 6.
Meer Nusseer Khan binds himself, his heirs and successors, not to
hold any political communication or enter into any negotiations with
foreign powers without the consent of the British Government and of
His Majesty Shah Suja-ool-moolk, and in all cases to act in subordi-
nate co-operation with the governments of British India and of the Shah ;
but the usual amicable correspondence with neighbours to continue as
heretofore.
Article 7.
In case of an attack on Meer Nusseer Khan by an open enemy, or
of any difference arising between him and any foreign power, the British
Government will afford him assistance or good offices as it may judge
to be necessary or proper for the maintenance of his rights.
Article 8.
Meer Nusseer Khan will make due provision for the support of
Shah Newaz Khan, either by pension to be paid through the British Gov-
ernment, on condition of that Chief residing within the British territory,
or by grant of estates within Khelat possessions, as % may hereafter be
decided by the British Government.
Done at Khelat this 6th day of October a. d. 1841, corresponding
with the 20th Shaban a. h. 1257. • •
Seal.
(Signed)
Meer Nusseer
Khan.
Seal.
(Sigued) Auckland.
Ratified and signed by the Right Honourable the Governor General
of India in Council, at Fort William in Bengal, this 10th day of
January 1842.
(Signed) T. H. Maddock,
Secretary to the Government of India,
TREATIES, ENGAGEMENTS, AND SUNNUDS. 77
No. XVII. KHELAT.
Treaty between the British Government and Nusseer Kuan, Chief of Khelat, No- XVIL
concluded on the part of the British Government by Major John Jacob,
c. b., in virtue of full powers granted by the Most Noble the Marquis of
Dalhousie, k. t., &c, Governor General of India, and by Meer Ndsseer
Khan, Chief of Khelat.
Whereas the course of events has made it expedient that a new
agreement should be concluded between the British Government and
Meer Nusseer Khan, Chief of Khelat, the following Articles have been
agreed on between the said government and His Highness : —
Article 1.
The Treaty concluded by Major Outram between the British Gov-
ernment and Meer Nusseer Khan, Chief of Khelat, on the 6th October
1841, is hereby annulled.
Article 2.
There shall be perpetual friendship between the British Government
and Meer Nusseer Khan, Chief of Khelat, his heirs and successors.
Article 3.
Meer Nusseer Khan binds himself, his heirs and successors, to oppose
to the utmost all the enemies of the British Government, in all cases
to act in subordinate co-operation with that government, and to enter
into no negotiation with other States without its consent, the usual
friendly correspondence with neighbours being continued as before.
Article 4.
Should it be deemed necessary to station British troops in any part
of the territory of Khelat, they shall occupy such positions as may be
thought advisable by the British Authorities.
Article 5.
Meer Nusseer Khan binds himself, his heirs and successors, to pre-
vent all plundering or other outrage by his subjects within or near
British territory ; to protect the passage of merchants to and fro between
the British dominions and Afghanistan, whether by way of Siudh or by
78 TREATIES, ENGAGEMENTS, AND SUNNUDS.
KHELAT. the sea-port of Soumeeanee, or other sea-ports of Mekran, and to permit
No. XVII. no exactions to be made beyond an equitable duty to be fixed by the
British Government and Meer Nusseer Khan, and the amount to be
shown in the Schedule annexed to this Treaty.
Article 6.
To aid Meer Nusseer Khan, his heirs and successors, in the fulfilment
of these obligations, and on condition of a faithful performance of them
year by yeai', the British Government binds itself to pay to Meer Nusseer
Khan, his heirs and successors, an annual subsidy of fifty thousand
(50,000) Company's Rupees.
Article 7.
If during any year the conditions above mentioned shall not be
faithfully performed by the said Meer Nusseer Khan, his heirs and
successors, then the annual subsidy of fifty thousand (50,000) Company's
Rupees will not be paid by the British Government.
Done at Mustoong this fourteenth day of May one thousand eight
hundred and fifty-four.
(Signed) John Jacob, Major,
Mustoong, "> Political Superintendent and Commandant
,}
l&lh May 1854. ) on the frontier of Upper Sindh.
Schedule showing amount of duty to be levied on merchandize passing through
the dominions of the Khan of Khelat referred to in Article V. of this
Treaty.
On each camel-load, without respect to value, from the northern fron-
tier to the sea, either to Kurrachee or other port, Company's Rupees 6,
On each camel, as above, from the northern frontier to Shikarpore,
Company's Rupees 5.
The same duties to be levied on merchandize passing in the contrary
direction from the sea, or from Sindh to the Khelat territory.
(Signed) John Jacob, Major,
Political Superintendent and Commandant
on the frontier of Upper Sindh.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 79
The foregoing Articles of Treaty having been concluded between the KHELAT.
British Government and the Khan of Khelat, and signed and sealed by Nog. XVII
Major John Jacob, c. b.] on the one part, and Meer Nusseer Khan on AXVin.
the other, at Mustoong, on the 14th May a. d. 1854, corresponding
with 16th Shaban a. h. 1270, a copy of the same will be delivered to
His Highness, duly ratified by the Governor General in Council, within
two months from this date.
(Signed) Dalhousie.
„ J. Dorin.
„ J. Low.
„ J. P. Grant.
„ B. Peacock.
Ratified by the Most Noble the Governor General in Council, Fort
William, this 2nd day of June 1854.
(Signed) G. F. Edmonstone,
Secretary to the Government of India.
No. XVIII.
Convention between the British Govebnment and His Highness Khodadad
Khan, Khan of Khelat and Belochistan, for the extension of the Electric
Telegraph through such portions of the dominions of His Highness in
Mekran as lie between the western boundary of the province under the
feudatory rule of the Jam of Beyla and the eastern boundary of the terri-
tory of Gwadur.
Article 1.
That His Highness the Khan of Khelat shall afford protection to
the line of telegraph and to the persons employed in its construction
and maintenance through the tract of the country lying between the
western boundary of the province under the rule of the Jam of Beyla
and the eastern boundary of the Gwadur territory.
80 treaties, engagements, and sunnfds.
kiiklat. Article 2.
No. XVIII. That the British Government shall be at liberty to erect stations
in such parts of the said country as they may deem most convenient for
telegraph purposes.
Article 3.
That the material of the telegraph may be landed, free of duty,
wherever the British Government may think most convenient on His
Highnesses coast.
Article 4.
That the cost of material, labour, landing charges, housing, provi-
sions, &c, shall be borne by the British Government, who will also make
any arrangements they may consider most convenient regarding their
own supplies, labour, &c, His Highness the Khan undertaking that
no impediment shall be thrown in their way, but that, on the contrary,
every protection and assistance shall be afforded on his part.
Article 5.
That for the protection of the line and those employed upon it, the
British Government will agree to pay the annual sum of Rupees five
thousand (5,000), and His Highness the Khan of Khelat is not to be
called upon to go to any further expense than the above sum.
Article 6.
That His Highness the Khan shall give notice through the Political
Agent to the British Government of the proportions of the sum above
mentioned which he may wish to be paid to the various Chiefs to whom
he will entrust the conservation of the line, it being understood that the
whole sum paid by the British Government for that purpose will be
expended amongst the Chiefs and people through whose country the
line passes.' On receipt of His Highnesses wishes in this respect, the sums
will be paid to the named parties through the Political Agent or other
officer appointed by the British Government.
treaties, engagements, and sunnuds. 81
Article 7. khelat.
That annual payment will commence from the date that the Tele- No. XVIII.
graph officers may report that 50 miles of the line have been erected,
and that its conservation is complete for that distance.
Article 8.
That any disagreement between the Telegraph officials and the sub-
jects of His Highness the Khan of Khelat shall be referred to the Political
Agent at Khelat if it cannot be satisfactorily settled on the spot by the
Telegraph officers in communication with the Agent of His Highness.
Article 9.
Continued obstruction or injury to the line may cause revocation of
this agreement at any time on the part of the British Government.
(Signed) M. Green, Major,
Camp Kushmore, "I Actg. Political Agent at the Court of
a
The 20th Feb. 1863. J His Highness the Khan of Khelat.
Additional Clause (X.) of a Convention with His Highness the Khan of
Khelat, for the passage of the Electric Telegraph through his Mekran territory.
Article 10.
That His Highness the Khan of Khelat, with the view of accel-
erating the erection of the Electric Telegraph, agrees that the English
Government may subsidize and make their own arrangements with the
tribes (his subjects) in Mekran.
It being understood that the above shall not include any cession of
Khelat territory without his (the Khan's) consent, and that, should
offices or buildings be erected, their sites shall always be considered as
belonging to the Khelat government.
On the part of the British Government,
Jacobabad, Upper Sindh j ") (Signed) M. Green, Major,
The 23rd March 1863. j Actg. Political Agent at Khelat.
Seal.
VOL. VII.
(Signed) Khodadad Khan,
Ruler of Khelat.
BEYLA on LUS.
BEYLA
ok LUS. Tire province of Lus is said to have been granted to an ancestor of
No XIX the Jam of Beyla by Abdulla Khan, of Khelat, as a reward for services
in the field. The conditions of the tenure were that the Jam should
acknowledge the supremacy of the Khan and maintain a body of troops
for service when required. On the death of Abdulla Khan, the grant
was confirmed by Mahabut Khan to Jam Ali, from whom the present
Chief, Jam Meer Khan, is regularly descended.
The present Jam succeeded his father Jam Meer Ali about the year
1830. Of late years he has been endeavouring to throw off allegiance
to Khelat and make himself independent. The population of his
territories is estimated to be about 25,000 souls, and the revenues about
Rupees 25,000 from sea-customs and Rupees 10,000 from an assessment
on cultivated lands.
In December 1861 an agreement (No. XIX.) was made with Jam
Meer Khan for the protection of that portion of the Mekran Telegraph
which traverses Lus, in consideration of a subsidy of Rupees 10,000
a year, which was afterwards increased to Rupees 15,000.
No. XIX.
Translation of Agbeement with the Jam of Beyla, dated the 21st December 1861 .
Whereas it is in contemplation to carry on, as far as India, the com-
munication now opened between Great Britain and other high States of
Europe and Asia by continuing the line of Electric Telegraph from
Constantinople and Bagdad, through Persia and Belochistan, to Kurra-
chee, and whereas in the prosecution of this scheme of universal benefit,
it has become necessary to take measures for the security and protection
of the said contemplated line, the high government of Bombay have
deputed Major F. J. Goldsmid for the special purpose of entering into
such negotiations with the several Chiefs holding territory between Kur-
rachee and Gwadur as may be deemed necessary for the due furtherance
of the aforesaid undertaking.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 83
Now the line of coast from the Hubb River to Khos Kulmut or its BEYLA
vicinity, a distance of 240 measured miles, being within the territory OB LUS-
of Jam Meer Khan, Chief of Lus Beyla, the undersigned, Major F. J. No. XIX.
Goldsmid, on the part of the British Government, and with the know-
ledge and consent of its firm ally, Khodadad Khan, ruler of the sovereign
State of Khelat, hereby makes agreement with Jam Meer Khan afore-
said for the construction, maintenance, and protection of the line of
Telegraph between the above-mentioned places.
The detailed agreement is as follows :—
Article 1.
The materials for the line may be landed on any part of the coast
between the Hubb River and Khos Kulmut, and all reasonable assistance
will be rendered by the local authorities in ensuring its security and
facilitating its construction, due payment being made for labour or
articles supplied.
Article 2.
There will be two Telegraph stations erected for the residence and
office of signallers, one at Soumeeanee and one at Ormara.
Article 3.
All individuals authoritatively employed in the construction, main-
tenance, or use of the line aforesaid shall receive such protection and
assistance from the local authorities as will enable them to prosecute
their work without let or hindrance, due payment to be made for labour
or articles supplied.
Article 4.
A sum of Rupees 10,000* yearly shall be paid by the Political
Agent at Khelat to the Jam of Beyla, on the understanding that he
* The amount of yearly payment must depend on further reference as to the actual
work required. But the undersigned is of opinion that the full sum may be double that
fixed for the pay of a watching establishment here entered. For instance, supposing such
establishment to be Rupees 330 per mensem, the yearly amount would be Rupees 3,960,
of which the double would be Rupees 7,020. This would be estimated in round numbers at
Rupees 8,000.
84 TREATIES, ENGAGEMENTS, AND SUNNUDS.
BEYLA keeps up an establishment of not less than men, on salaries of Rupees
ob LUS. per mensem in the aggregate, for the due protection of the line, and
No. XIX. rendering such assistance as from time to time may be required by the
Telegraph employes stationed on the coast.
Article 5.
Should it be authoritatively reported at any time that the said
establishment is insufficient, and such injury be done to the line as would
lead to the belief that due care was not exercised in its protection, the
Political Agent, Khelat, will be empowered to call upon the Jam of
Beyla to make such additional payment as will not exceed in the whole
the amount of full yearly subsidy.
Article 6.
The annual payment to the Jam will commence from the date that
five miles of Telegraph wire may be reported set up ; all intermediate
payment being made according to labour or articles supplied as previously
provided.
Article 7.
Complaints against individuals in the employ of the Telegraph De-
partment not capable of satisfactory adjustment will be referred to the
Political Agent at Khelat. Any cases of urgency, whether in the nature
of a complaint or otherwise affecting such persons, may be referred to the
Magistrate or Commandant of Police at Kurrachee as exceptional, should
occasion require.
Article 8.
Continued obstruction or injury to the line may cause revocation
of this agreement on the part of government at any time.
The agreement made between the parties hereto as above defined is
to be considered dependent for completion and effect upon the approval
of the Bombay Government.
Approved by the Governor General of India in Council on 19th
August 1862.
KEDGE. KEDGE.
This is the most western of the provinces which are tributary to
Khelat. Although often overrun hy armies from Khelat, its subjection
has been more nominal than real. The present Naib of Kedge is Fuqueer
Noor Mahomed, of the Bezunjo tribe. In 1862 an engagement
(No. XX.) was made with him, by which he agreed for an annual subsidy
to protect the Mekran Telegraph which passes through his territories.
The subsidy granted is Rupees 6,000, of which Rupees 1,000 are paid
to the Chief of Pusnee.
No. XX.
Abstract Translation of an Ageeement passed, under date the 24th January 1862,
by Fuqtjeeb Mahomed Bezunjo, Naib of Kedge, to Ma joe F. J. Goldsmid,
Assistant Commissioner in Sindh, on behalf of the British Government.
Under instructions from His Highness the Khan of Khelat, Fuqueer
Mahomed Bezunjo has presented himself before Major F. J. Goldsmid,
Assistant Commissioner in Sindh, and learnt all the arrangements con-
templated for the establishment of the proposed line of Telegraph. He
states in the presence of that officer and Rais Rahmutoollah Khan,
Agent of His Highness, that if the British Government intend to set
the Electric Telegraph on the Mekran coast, he will use his best endeavours
to protect and maintain it from Kalmut-bunder to Gwadur-bunder,
and will provide the men required for that purpose. For this service he
shall receive through the Political Agent, Khelat, and with the consent
of the Khan, the sum assigned and deemed proper by the British Gov-
ernment. He will also lend assistance to the due establishment of the
Electric Telegraph by protecting the materials and stores in such manner
that there shall be no obstruction to the work. It is understood that
all articles supplied to the persons connected with the Telegraph shall be
duly paid for by the receivers.
No. XX.
86 TREATIES, ENGAGEMENTS, AND SUNNUDS.
KEDOE. Provided always that his responsibility in the above matter depends
No. XX. on his holding the office of Naib of Kedge.
Signed in the presence of Major F. J. Goldsmid, Assistant Com-
missioner in Sindh, and in the presence of Rais Rahmutoollah, Agent of
His Highness the Khan, under date the 24th January 1862.
Note written before Fuqueer Mahomed, of Kedge, and signed by Rais Eahmut-
oollah Khan on the 1st February 1862.
The word " Gwadur-bunder" shall be understood to comprise all
lands within the recognized boundary of Gwadur.
Approved by the Governor General of India in Council on 19th
August 1862.
PERSIA.
It was in the beginning of the seventeenth century, during the reign
of Shah Abbas the Great, that the English first established commercial
settlements in Persia. Two enterprizing Englishmen, Sir Anthony
Sherley and his brother, with a few followers, had made their way to
the court of Persia, where they met with a distinguished reception.
Sir Anthony returned as envoy from Shah Abbas to establish an alliance
with the Christian monarchs of Europe for the destruction of the Turks
and with a grant* permitting all Christian merchants to trade freely
* Copy of an English translation of the grant obtained by Sir Anthony Sherley from Shall,
Abbas for all Christians to trade and traffick in Persia.
Our absolute commanndement, will, and pleasure is that our countries and dominions
shall be from this day open to all Christian people and to their religion ; and in such sort,
that none of ours, of any condition, shall presume to give them any evil word. And, be-
cause of the amitie now ioyned with the princes that professe Christ, I do give this pattent
for all Christian marchants to repaire and traffick in and through our dominions without
disturbances or molestations of any duke, prince, governor, or captaine, or any, of whatsoever
office or qualitie, of ours ; but that all merchandize that they shall bring shall be so
priviledged, that none of any dignitie or authoritie shall have power to looke unto it,
neyther to make inquisition after, or stay, for any use or person, the value of one asper ;
neyther shall our religious men, or whatsoever sort they be, dare disturbe them, or speake
in matters of their faith ; neyther shall any of our justices have power over their persons
or goodes for any cause or act whatsoever.
If by chaunce a marchant shall die, none shall touch any thing that belongeth unto
him ; but if the marchant have a companion, he shall have power to take possession of
those goodes. But if (by any occasion) he be alone, onely with his servants, the governor,
or whomsoever shall be required by him in his sickness, shall be answearable for all such goodes
unto any of his nation which shall come to require them. But if he die suddainly, and
have neyther companion nor servant, nor time to recommende to any what he woulde have
done, then the governor of that place shall sende the goodes to the next marchant of his na-
tion which shall be abiding in any parts of our dominions.
And those within our kingdomes and provinces having power over our tolles and customes
shall receive nothing, nor dare to speake for any receipt from any Christian marchant.
And if any such Christian shall give credite to any of our subiectes (of any condition
whatsoever) he shall, by thi3 pattent of ours, have authoritie to require any caddie, or gover-
nor, to do him justice, and thereupon, at the instant of his demaunde, shall cause him to be
satisfied.
88 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA, with Persia. Under the patronage of Shah Abbas, the English, the
French, and the Dutch had established factories at Gombroon, to which
place the Persian monarch afterwards gave the name of Bunder Abbas
or the Port of Abbas, by which it is now known. Shah Abbas, how-
ever, had less toleration for the Portuguese, who, in 1507, under Albu-
querque, had conquered and occupied the island of Hormuz, at the
entrance of the Persian Gulf, not far from Gombroon, and he resolved
on their expulsion. He was joined in this enterprise by the English,
then at war with Portugal, with whom in 1622 he entered into an
engagement* granting them half the plunder of the island and half
the future customs of Gombroon and Hormuz. The Portuguese were
driven out, but the promises of the king of Persia to the English were
not kept. The factory at Gombroon was maintained through many losses
and disasters till 1761, when it was withdrawn in consequence of the
oppressions of the provincial Governor of Lar.
Neyther shall any governor, or justice, of what qualitie soever he be, dare take any
rewarde of him, which shall be to his expense ; for our will and pleasure is, that they shall be
used in all our dominions to their owne full content, and that our kingdoraes and countries
shall be free unto them.
That none shall presume to aske them for what occasion they are heere.
And although it hath bin a continuall and unchaungeable nse in our dominions every
yeere to renue all pattents, this pattent, notwithstanding, shall be of full effect and force for
ever, without any renuing, for me and my successors, not to be chaunged.
* The following is the substance of the Articles of Agreement as given in Fryer's Travels,
Chapter XII.
First. — Stipulating that the Persian soldiers should not meddle with the spoils before
" the English mariners were satisfied, [which were such of all sorts of jewels, gold and
" silver, that they refused to carry off any more.]
" Secondly. — That Bunder Abassi, now Gombroon, should yearly divide half the cus-
" toms between the English and Persians, and that whatever English ship should enter the
♦f port should be free from any manner of tribute.
Thirdly. —That it should be lawful for them to transport twenty horses, of which num.
" ber two might be mares, yearly.
' • Provided first. — That the English should keep two men of war constantly to defend the
Gulf; and
"Secondly.— That they should deliver the Portugal's forts into the Persians' hands, in
" doing which the English should always be esteemed the emperor's friends ; and
" Lastly. — Should have the first seat in the Council, and their Agents be looked on
" with equal grace to their prime nobility."
TREATIES, ENGAGEMENTS, AND STINNUDS. 89
The death of Shah Abbas in 1628 was followed by the rapid full
of the Suffaveau dynasty. Four weak princes of that house successively
ascended the throne of Persia. During their reign the Turks severed
from the Persian empire some of the best of the western provinces, the
Arab ruler of Muscat possessed himself of the islands in the Persian
Gulf, the Afghans of the Abdali tribe made themselves independent in
Herat and the Ghiljies in Candahar, and in 1722, within a century after
the death of Shah Abbas, Ispahan was besieged by Mahmood of Can-
dahar, to whom Shah Hossein formally resigned his crown.
The Afghan dynasty ras short-lived. Mahmood died in a state of
raving madness in 1725. His cousin and only successor Ashraf was
slain in 1730 while fleeing in the desert before his conqueror Nadir
Kooli Khan, the notorious Nadir Shah. After the abdication of Shah
Hossein, his son Tamasp had assumed the name and state of king, and
was unceasing in his feeble efforts to recover the crown. He entered
into a Treaty with Russia, ceding all the possessions of Persia on the
Caspian Sea on condition of the emperor expelling the Afghans and
placing him on the throne, and with the same view he entered into
negotiations with the Turks, who were extending their conquests in the
north and west. "Without much consideration, however, for Tamasp and
his pretensions, the courts of St. Petersburg and Constantinople concluded
a Treaty in 1725, by which they partitioned Persia between themselves.
It was entirely to the energy and talents of Nadir Kooli Khan, who had
acquired a great reputation for courage and enterprise, that Tamasp was
indebted for the recovery of his fortunes. Nadir Kooli was put in com-
mand of Tamasp's small army in 1727. He compelled the whole of
Khorassan to acknowledge the son of Shah Hossein, and by the close
of the year 1730 the foreign Afghan rulers were expelled from Persia,
most of their followers were put to the sword, and the Suffaveau dynasty
was once more represented on the throne in the person of Shah Tamasp,
who granted to Nadir Kooli, as a reward for his services, tin- provinces
of Khorassan, Mazenderan, Seistan, and Kerman.
Shah Tamasp was permitted to enjoy his nominal sovereignty only
two years, when he was dethroned by Nadir Kooli, who, with affected
reluctance, accepted the crown. Under Nadir Shah the Persian empire
recovered for a time its former glory. He not only recovered the
VOL. VII. »
90 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA, provinces conquered by the Turks and the Russians, but reduced Sindh,
Candahar, Cabool, Balkh, and the whole country between the Oxus and
the Caspian Sea, carried his arms to Delhi, gave up the capital of the
Moghuls to plunder and massacre, and compelled the emperor of Delhi
to cede to him all his possessions west of the Indus.
Nadir Shah was murdered in 1747. "Within a few years after his
death the mighty empire which he had re-created was dismembered.
Ahmed Khan Abdali proclaimed himself king of the Afghans, took
Candahar and Herat, and laid the foundation of an empire which he
extended by conquests more brilliant than those of Nadir Shah. The
province of Khorassan was all that was left to Shah Rokh, the blinded
grandson of Nadir Shah. This was guaranteed in his independent pos-
session by Ahmed Khan, but was soon broken up into a number of in-
dependent principalities. The southern and western provinces of Lar,
Fars, Irak, Azerbijan, and Mazenderan were subdued by Kureem Khan
of the tribe of Zund, and a prince of the Suffavean house named Shah
Ismael, a son of the sister of Shah Hossein, was set up as king. He
was, however, a mere puppet, and was at last cast into prison, while the
reins of government were held by Kureem Khan alone. Kureem Khan
was a just and enlightened ruler. He took great pains to extend and
encourage commerce, and, during his reign, the English, who had aban-
doned Gombroon, obtained, in 1763, a Firman (No. XXI.) for a factory
at Bushire and the trade of the Persian Gulf.
Kureem Khan died in 1779 after a vigorous rule of twenty-six
years. His death was the signal for fresh revolutions marked by the
most atrocious cruelties, in the course of which the four surviving sons of
Kureem Khan were savagely mutilated, and which ended in 1795 in the
elevation of Aga Mahomed Khan of the Kujur tribe, the founder of the
present dynasty, to the throne of Persia. In 1788, during the brief rule
of Jaffir Khan, nephew of Kureem Khan, and the last representative but
one of the Zund family, the English, who, during the revolution, had
been subjected to many oppressive exactions, obtained through the Chief
of their factory at Bussora another Firman (No. XXII.) for unrestricted
trade in the Persian dominions.
Aga Mahomed Khan, who for many years had ruled over a consi-
derable province of the Persian empire, but who was not acknowledged
TREATIES, ENGAGEMENTS, AND SUNNUDS. 91
as independent sovereign till 1795, was scarcely established in power PERSIA,
when he found himself involved in a war with Russia. Taking advantage
of the distracted state of Persia, Heraclius, the Wullee of Georgia, had, in
1783, transferred his allegiance from Persia to Catherine the Second, who
received him under her protection and guaranteed the integrity of his
possessions. In 1795 Aga Mahomed Khan resolved to punish the
Georgians for their defection, and marching upon the country with a
rapidity which prevented the Wullee from receiving support from Rus-
sia, he ordered a general massacre of the inhabitants, sparing the young
and beautiful, whom he carried off into captivity. Persia was instantly
invaded by a Russian army, who soon gained important successes and
were advancing on Teheran, when their progress was stopped, and they
were recalled by the death of the empress in 1796.
In the following year Aga Mahomed Khan was murdered. He was
one of the most prudent and able kings who ever ruled in Persia. He
was succeeded by his nephew Futteh Ali Khan, during whose rule com-
menced that closer connection between the British Government and Per-
sia which had its origin in the fear of an Afghan invasion of India, the
designs of the French on the British dominions in the east, and the com-
petition ef European powers for influence at Teheran.
From the success which had attended the invasion of India by
Nadir Shah and Ahmed Shah Abdali, it was believed that the plains of
India were exposed to be periodically ravaged by any ambitious ruler in
Afghanistan. In 1796 Zeman Shah, grandson of Ahmed Shah Abdali,
advanced to Lahore with the professed purpose of restoring the House
of Timour from the domination of the Mahrattas. Disturbances in his
own dominions recalled him in the following year ; but this invasion and
rumours of renewed preparations, coupled with the apprehension of an
invasion of India by the French, and the deputation of a secret embassy
by Napoleon to establish his influence at Teheran, forced the British
Government to measures for the security of their Indian possessions.
Captain Malcolm was accordingly deputed as envoy to Persia to negoti-
ate a political and commercial alliance. He concluded two Treaties
in 1801 with the Persian minister, which the king ratified by prefixing
his Firman. By the terms of the political Treaty (No. XXIII.) the king
of Persia engaged to lay waste the country of the Afghans if ever they
92 TREATIES, ENGAGEMENTS, AND SUNNUDS.
[A. should invade India, and to prevent the French from settling or re-
siding in Persia, while, in the event of war between the Afghans
or the French and Persia, the English were to assist the king with
military stores. By the commercial Treaty (No. XXIV.) all the pri-
vileges of the old factories were restored, several more were granted,
and the duties to be collected from purchasers of staples were reduced
to 1 per cent.
In 1805, during the war between Persia and Russia, which originated
in the invasion of Georgia, the king of Persia, having suffered severe re-
verses, and being threatened with the vengeance of Russia for the treacher-
ous murder of the Russian General, threw himself on the support of
Napoleon, who was then at the height of his power, and made overtures
for a union of political interests with France. He bitterly resented the
interpretation which the British Government put upon the Treaty of 1801
and their refusal to give him the assistance against Russia which he
claimed under that Treaty, and in consideration of which he had offered,
through his ambassador Aga Mahomed Nubbee Khan, to relinquish the
French alliance. The proposals of the French were that they should compel
the Russians to restore the provinces wrested from Persia, and that they
should furnish the king with military stores and officers to organize his
army on the European system, while the king on his part was to declare im-
mediate war with the English, to invade India by way of Afghanistan, and
to permit a French army to invade India through his territories. These
negotiations were frustrated by the peace concluded at Tilsit between
Napoleon and the emperor Alexander, but they had the effect of rousing
the British Government to efforts for the recovery of their lost ascend-
ancy at the Court of Teheran and the protection of their Indian empire
by binding the western frontier States in a chain of friendly alliance.
Missions were sent to the Ameers of Sindh, Runjeet Sing, and the
Court of Cabool, and Sir John Malcolm was again accredited as envoy
to Persia. Unfortunately, however, without previous concert with the
Indian Government, and in ignorance of the measures concerted by them,
Sir Harford Jones was at the same time deputed direct from England as
plenipotentiary on the part of the crown. This event led to unseemly
complications, which had the effect of rendering both governments ridi-
culous in the eyes of the Persians.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 93
Sir John .Malcolm was instructed, in the event of Sir Harford Jones PERSIA.
arriving at Bombay on his way to Persia before him, to proceed as envoy
to Baghdad for the purpose of establishing an alliance with the Pacha
and the petty Chiefs in Arabia, leaving Sir H. Jones to conduct the
negotiations at Teheran ; but the paramount importance of recovering a
footing in Persia was to over-rule all other considerations, and Sir
J. Malcolm was to proceed on his mission to Persia without delay if he
should find himself the first in the field. Sir John arrived in Persia
first, while the king was still trusting to the liberal promises with which
the French amused him. Considering the dignity of the British Govern-
ment iusulted by an attempt, which he attributed to the influence of the
French embassy, to exclude him from the royal presence and draw him
into negotiations with subordinate officials at Shiraz, he concluded that
there was no hope of a friendly alliance. He therefore abruptly quitted
the country, and, proceeding to Calcutta, induced Lord Minto to prepare
for the occupation of the island of Kharack in the Persian Gulf as a
position from which the British Government could either negotiate with
dignity or act with effect if war should be declared. The instructions
given to Sir Harford Jones were that he should remain at Bombay till
the issue of Sir John Malcolm's mission was known, but that he should
proceed to Persia at once in the event either of Sir J. Malcolm being
obliged to leave without attaining his object, or of his succeeding in
concluding a preliminary Treaty. On Sir John Malcolm's return, there-
fore, he set out for Teheran. Further instructions to suspend his mission
reached him too late. He arrived at Teheran when the king had lost
all faith in the professions of the French, which, in consequence of the
peace with Russia and reverses in Europe, they were no longer able to
fulfil, and he therefore found no difficulty in concluding a preliminary
Treaty (No. XXV.). By this Treaty, which was concluded on the 12th
and exchanged on the 15th March 1809, all Treaties contracted by
the king with European powers were annulled, the king engaged to
prevent the passage of European armies through his dominions to-
wards India, and the English were to assist him with troops or a
subsidy if any European forces should invade his territories, and to
take no part except as mediators in any war between Persia and
Afghanistan.
M TREATIES, ENGAGEMENTS, AND SUNNTJDS.
PERSIA. The validity of this Treaty, subject to such modifications as might
afterwards be agreed upon, was recognised by Lord Minto, who, however,
suspended the functions of Sir H. Jones, directed him to withdraw from
Persia, and again sent Sir John Malcolm as envoy to the king for the
purpose of concerting further arrangements. Meanwhile Sir H. Jones
had received orders from England to remain at Teheran till the arrival of
another plenipotentiary, Sir Gore Ouseley, whose powers superseded those
both of Sir H. Jones and Sir J. Malcolm. • A definitive Treaty*
(No. XXVI.) based on the preliminary Treaty of 1809 was concluded by
Sir Gore Ouseley on 14th March 1812, but some of the stipulations
were altered in England, and it was not till 1814 that the terms of the
Treaty (No. XXVII.) were finally adjusted.
Throughout the long reign of Futteh Ali Shah, the Persian empire
enjoyed rest from internal revolution, but it suffered severely from pro-
tracted war with Russia. The provinces of Georgia, Mingrelia, Daghis-
tan, Sherwan, Karabagh, and Talish were successively severed from it, and
only the good offices of the British Government arrested the further ad-
vance of the Russian arms. In October 1813 peace was concluded at
Goolistan, and a Treaty was drawn up, indicating generally the boundary
between the Russian and Persian empires, but leaving its exact direction
to be afterwards settled by Commissioners. For some years thereafter
there was nominal peace, but in the adjustment of the boundaries many
difficulties and disputes arose. The Russians occupied and refused to
evacuate the district of Gokcha, which the Persians claimed as theirs.
Hostilities were renewed in 1826, the first attack being made by Abbas
Mirza, the prince royal of Persia. At the commencement of the war, the
Persians claimed from the British Government the assistance in money or
troops stipulated for in the 4th Article of the definitive Treaty of 1814.
After enquiry, however, assistance was refused, on the ground that actual
hostilities had been provoked by aggression on the part of Persia, but
for which the disputes might have been adjusted by negotiation — a de-
cision of course unsatisfactory to the king of Persia, who argued that the
* This Treaty, although never formally ratified hy His Majesty's government, is
inserted in this collection because it is referred to in the Treaty of 1814, and the scope of
the later Treaty cannot be fully understood without comparison with it.
TREATIES, ENGAGEMENTS, AND SUNNUDg. 95
Russian occupation of Gokcha was an aggression on his dominions. In PERSIA,
the course of the war the Persians sustained severe losses, but at lensrth
through the mediation of the British envoy, a Treaty of peace was con_
eluded at Turkomanchai, on 23rd February 1828, by which the Persian
government ceded to Russia the provinces of Erivan and Nukshivan, and
agreed to pay indemnification for the expenses of the war. The em.
peror of Russia engaged to recognize Abbas Mirza, the king's eldest son,
as heir and successor to the throne of Persia.
On the conclusion of the negotiation, opportunity was taken by the
British envoy to purchase the abrogation (No. XXVIII.) of the 3rd
and 4th Articles of the Treaty of 1814 by a payment of 2,00,000 Tomans,
or one year's subsidy. These Articles had been found exceedingly onerou8
and inconvenient, and productive only of collision with the Persian gov-
ernment. By the cancelling of the 3rd and 4th Articles of the Treaty,
the 6th and 7th Articles also were virtually abrogated.
Futteh Ali Shah died in October 1834. His son Abbas Mirza died
the preceding year. By the influence of Russia and England, Mahomed
Shah, son of Abbas Mirza, was placed on the throne, notwithstanding the
opposition of many princes of the royal blood. After the pacification of
Europe in 1815, and the removal of those dangers which had given such
exaggerated importance to the Persian alliance, no steps were taken to
maintain the influence in Persian counsels which had been secured to the
British Government by the Treaty of Teheran in 1814. On the contrary,
much was done to dishearten the Shah and impress him with the belief
that the preservation of the integrity of his empire was a matter of in-
difference to England. Not the least offensive part of the change in
policy was the transfer, in 1823, of the relations with Persia to the gov-
ernment of India, and the substitution of an envoy of the Governor
General for the plenipotentiary of the crown. This change was accepted
most reluctantly by the Shah, who believed that it was not only deroga-
tory to his dignity, but dangerous to his power. The conflict between
the crown and the Indian Government regarding the mission in ISO 9
had lowered his respect for the latter, and, moreover, he believed that the
operations which the Indian Government undertook in the year 1819
against the pirates in the Persian Gulf, would have ended in aggressions
on his government, but for the control of the English ministry. So
96 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA, little care was taken to cultivate relations with Persia, that, after the
peace of Turkornanehai and the abrogation of the subsidy agreement of
1814, a measure to which the Shah agreed only under the pressure of
pecuniary embarrassments caused by the payment of indemnity to
Russia, it is not surprising that the influence of the British Gov-
ernment at Teheran should have declined before that of Russia. The
Shah for some years continued to urge the necessity of revising the
Treaty of 1814, and of substituting for the abrogated Articles a
general stipulation of protection which would at least evidence the
wish of the British Government that the independence of Persia
should be preserved. No steps, however, were taken to meet the
expectations of the Shah, and when at last, after long delay, the British
Government, in 1833, authorized their representative in Persia to
enter on negotiations for a revision of the Treaty, their ascendancy
had given place entirely to that of Russia. The negotiations were pro-
tracted till the year 1837, but led to no result. For a quarter of a cen-
tury, indeed, British merchants in Persia had not even the protection of
a commercial Treaty or any other security for trade than that which the
general friendly relations of Britain with Persia afforded them, save a
Firman (No. XXIX.) abolishing export duty on horses, and another
(No. XXX.) granted in 1836, permitting British merchants to trade on
payment of the same duties as those paid by Russian merchants. The
preamble of the Treaty of 1814 provided that a commercial Treaty should
be afterwards concluded ; this, however, was never done, and the Persian
government maintained that the commercial Treaty concluded by Sir
John Malcolm was abrogated by the later Treaty of 1814. The British
representatives, Mr. Ellis and Mr. Morrier, had, in 1814, addressed an
official note to the Shah, proposing that commerce should remain on the
footing of the Treaty of 1800, but this proposal was never accepted.
Matters remained in this unsatisfactory state till 1841, when a com-
mercial Treaty (No. XXXI.) was concluded, which put the trade of
Bfitain and Persia on the same footing as that of the most favoured
nations, and provided for the establishment of commercial Agencies in
the two countries. In 1844 a Firman (No. XXXII.) was obtained,
prescribing the procedure to be followed for the protection of merchants
in cases of bankruptcy and insolvency.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 97
In 1848, when the British Government were making strenuous PERSIA,
exertions to suppress the traffic in African slaves, an engagement
(No. XXXIII.) was obtained from the Shah to prohibit the importation
of slaves into Persia by sea. The priests were greatly averse to the
abolition of slave traffic, and the Shah did not feel himself strong enough
to brave their opposition and to absolutely and explicitly prohibit the
importation of slaves into his dominions ; but he virtually did so by
forbidding importation by sea, as the route by land is not prac-
ticable. In 1851 a Convention (No. XXXIV.) was concluded for the
search and seizure of Persian vessels suspected of being engaged in the
slave trade.
The reconquest of Afghanistan was always a favorite dream of the
Kujur dynasty, who conceived that their rights of sovereignty over that
country were as complete as in the days of the Suffavean kings. The
first use which the Russians made of their ascendancy after the peace of
1828 was to encourage Futteh Ali Shah in his ambition for eastern con-
quests as an off-set for the cessions on his north-western frontier, and as a
means of indirectly establishing their own influence as far as the Indus.
Futteh Ali Shah projected two unsuccessful expeditions against Afghan-
istan and the city of Herat, which is the key to the country. His son
Mahomed Shah, who was ever a friend of Russia and an enemy to
British interests, revived the project, and with a large force laid siege
to Herat on 23rd November 1837. He was aware and had been warned
that any hostile movement against Herat would be viewed with dis-
satisfaction by the British Government. Confident, however, in the
support of Russia, he rejected all offers for the settlement of his disputes
with Shah Kamran of Herat by friendly mediation, and treated the
British mission with a marked discourtesy, which compelled the envoy
to lower his flag and declare the alliance with Persia at an end. To force
the Shah to renounce his ambitious projects, a demonstration was made
in the Persian Gulf by the occupation of the island of Kharack. This
had the effect of forcing him to withdraw his troops from Herat
after a memorable siege of ten months, in which all his efforts
to take the city were defeated by the energy and ability of Eldred Pottin-
ger, a young English officer of Artillery. On the withdrawal of the
British armies from Afghanistan, Shah Kamran was deposed and mur-
VOL. vii. o
98 TKKATIKS, KX<;A(. i:\ik\ts, AN' I) SIN'N'IDS.
PERSIA, dered by his vizier Yar Mahomed Khan, who in words professed himself
~ to be a dependant of the Shah of Persia, but maintained himself in
real independence.
Mahomed Shah died in August 1848 and was succeeded by his
eldest son Naseer-ood-deen, the present king. On the death of Yar
Mahomed Khan, of Herat, in 1851, his son Syud Mahomed Khan suc-
ceeded him. Feeling himself insecure in power, and being threatened
by the Ameer of Cabool and by Kohundil Khan from Candahar, Syud
Mahomed Khan made overtures to Persia, and a force was despatched
by the Shah nominally to reduce the Turkomans, but in reality to
occupy Herat. The British envoy at Teheran remonstrated and re-
quired from the Persian government explicit assurances of the course
they meant to adopt. On 25th January 1853 the Persian government
signed an Agreement (No. XXXV.) not to send troops to Herat unless
it should be attacked by a foreign force, and not to interfere further in
its affairs than had been done in the life-time of Yar Mahomed. This
interference with their ambitious projects greatly irritated the Persian
court, who showed their annoyance by a series of vexatious slights, which
destroyed all cordiality of intercourse with the British envoy, and even-
tually caused a new rupture. In 1854 Mirza Hashim Khan, who had
been discharged from the Shah's service, was appointed to be agent at
Shiraz for the British mission. The Persian government objected to
the appointment, and threatened to imprison him if he should proceed
on his duty. They next seized and imprisoned his wife. As all redress
was persistently refused, the envoy at Teheran struck his flag on the
20th November and withdrew from the Persian dominions. An official
notification was issued by the Persian government justifying their pro-
ceedings, and insinuating that the interest of the British envoy in
the case sprang from an intrigue with the wife of Mirza Hashim. In
the mean time Mahomed Yusoof, grandson of Feroze one of the brothers
of Shah Suja, had put Syud Mahomed Khan, the ruler of Herat, to
death, and had applied to the Shah of Persia for assistance. A force was
sent, in December 1855, in violation of the agreement which had been
made by the Persian government. Mahomed Yusoof was taken prisoner,
and Herat was captured on 26th October 1856. Every effort having
failed to induce the Persian government to adjust the quarrel and to
TREATIES, ENGAGEMENTS, AND SUNNl'DS. 99
apologize for the insults to the British mission, a force was despatched PERSIA,
from Bombay to occupy the island of Kharack, and war was formally No. xxi.
declared on 1st November 1856. After a brief campaign, hostilities were
terminated by the Treaty of Paris (No. XXXVI.) concluded on 4th
March 1857. This Treaty revived none of the earlier Treaties cancelled
by the war except the Convention of August 1851 for the suppression
of slavery in the Persian Gulf, which by the 13th Article is renewed
till August 1872, and for such time afterwards as neither of the con-
tracting parties by a formal declaration annul it.
In 1861 proposals were made for a convention between the Indian
and Persian governments for the construction of a line of telegraph
from the Turkish frontier through Persia to Bunder Abbas, to form part
of a telegraph line from England to India. After some negotiations,
however, the Persian government, on 25th April 1862, declined the terms
offered. The route through Persia was therefore abandoned, and the
Turkish and Indian lines of telegraph were connected by a sub-marine
cable in the Persian Gulf. The Shah afterwards decided on constructing
an alternative line at his own cost from Khanakeen, on the Turkish fron-
tier, through Teheran, Ispahan, and Shiraz, to meet the other line at
Bushire, and for this purpose he concluded an engagement (No. XXXVII.)
in December 1863, to place the construction and working of the line for
a time under the superintendence of an English Engineer officer, to pur-
chase the materials from the British Government, and to allow the Bri-
tish Government the use of the line on payment of specified charges.
No. XXI.
Articles of Agbeement made with Siiaik Sadoon, of Bushire, the 12th
April 1763.
Article 1.
No customs or duties to be collected on goods imported or exported
by the English; and, in like manner, only three per cent, to be token
from the merchants who buy or sell to the English.
100 treaties, engagements, and sunnuds.
peksia. Article 2.
No XXI. The importation and sale of woollen goods to be solely in the hands
of the English ; and if any person whatever attempts to bring woollen
goods clandestinely, it shall be lawful for the English to seize them.
This Article to take place in four months from the date hereof.
Aeticle 3.
No European nation whatever is to be permitted to settle at Bushire
so long as the English continue a factory here.
Article 4.
The brokers, linguists, servants, and others of the English are to
be entirely under the protection and government of the English ; nor is
the Shaik, or his people, in any shape to molest them, or interfere in
their affairs.
Article 5.
In case any of the inhabitants become truly indebted to the English
and refuse payment, the Shaik shall oblige them to give the English
satisfaction.
Article 6.
The English to have such a spot of ground as they may pitch upon
for erecting a factory, and proper conveniences for carrying on their
commerce to be built at the Shaikhs expense. They are to hoist their
• colours upon it, and have twenty-one guns for saluting.
Article 7.
A proper spot of ground to be allotted the English for a garden
and another for a burying ground.
Article 8.
The English, and those under their pro tection, not to be impeded
in their religion.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 101
Article 9. PERSIA.
Soldiers, sailors, servants, slaves, and others belonging to the Eng- No. XXI.
lish, who may desert, are not to be protected or entertained by the Shaik
or his people, but, bond fide, secured and returned.
Article 10.
In case any English ships sell to or buy from the country merchants
apart from the factory, a due account thereof is to be rendered to the
English Chief for the time being, for which purpose one of his people
is to attend at the weight and delivery of all goods so sold, which is to
be done at the public Custom House.
Article 11.
If through any accident an English vessel should be drove on shore
in the country belonging to the Shaik, they shall not in any respect be
plundered ; but, on the contrary, the Shaik shall afford the English all
the assistance in his power for saving them and their effects, the English
paying them for their trouble.
Article 12.
The Shaik shall not permit his subjects to purchase any goods from
English vessels in the road, but only on shore.
The
Seal of Shaik
Sadoon.
Eoyal Grant from Karem Kuan, King of Persia, 1763.
The Great God having, of his infinite mercy, given victory unto
Karem Khan, and made him Chief Governor of all the kingdoms of
Persia, and established under him the peace and tranquillity of the said
kingdoms, by means of his victorious sword, he is desirous that the said
102 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA, kingdoms should flourish and re-obtain their ancient grandeur by the in-
No. XXI. crease of trade and commerce, as well as by a due execution of justice.
Having been informed that the Right Worshipful William Andrew
Price, Esq., Governor General for the English nation in the Gulf of
Persia, is arrived with power to settle a factory at Bushire, and has left
Mr. Benjamin Jervis, Resident, who, by directions from the said Gov-
ernor General, has sent unto me Mr. Thomas Durnford and Stephen
Hermit, linguist, to obtain a grant of their ancient privileges in these
kingdoms, I do, of my free will and great friendship for the English
nation, grant unto the said Governor General, in behalf of his king and
Company, the following privileges, which shall be inviolably observed
and held sacred in good faith : —
That the English Company may have as much ground, and in any part
of Bushire, they choose to build a factory on, or at any other port in the
Gulf. They may have as many cannon mounted on it as they choose,
but not to be larger than six pounds bore ; and they may build factory
houses in any part of the kingdom they choose.
No customs shall be charged the English on any goods imported
or exported by them at Bushire, or any other port in the Gulf of
Persia, on condition that at no time they import or export other persons'
goods in their names. They may also send their goods, customs free,
all over the kingdom of Persia ; and on what goods they sell at Bushire,
or elsewhere, the Shaik, or Governor, shall only charge the merchants
an export duty of three per cent.
No other European nation, or other persons, shall import any
woollen goods to any port on the Persian shore in the Gulf, but the
English Company only ; and should any one attempt to do it clandes-
tinely, their goods shall be seized and confiscated.
Should any of the Persian merchants, or others, become truly in-
debted to the English, the Shaik, or Governor of the place, shall oblige
them to pay it ; but should he fail in his duty herein, the English Chief
may do his own justice and act as he pleases with the debtors to
recover what owed him or them.
In all the kingdom of Persia the English may sell their goods to,
and buy from, whomever they judge proper; nor shall the Governor,
or Shaik, of any ports or places, prevent their importing or exporting
any goods whatever.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 103
When any English ship or ships arrive at any ports in the Gulf of PERSIA.
Persia, no merchants shall purchase from them clandestinely, but with No. XXI.
the consent and knowledge of the English Chief there resident.
Should any English ship or vessel be drove on shore, unfortunately
wrecked, or otherwise lost in any part of the Gulf of Persia, the
Shaiks, or Governors of the adjacent places, shall not claim any share of
the said wrecks, but shall assist the English, all in their power, in saving
the whole or any part of the vessel or cargo.
The English, and all those under their protection, in any part of
the kingdom of Persia, shall have the free exercise of their religion,
without molestation from any one.
Should soldiers, sailors, or slaves desert from the English in any
part of Persia, they shall not be protected or encouraged, but, bond fide,
delivered up, but not be punished for the first or second offence.
Wherever the English may have a factory in Persia, their linguist,
brokers, and all other their servants, shall be exempt from all taxes and
impositions whatever, and under their own command and justice, without
any one interfering therein.
Wherever the English are, they shall have a spot of ground allotted
them for a burying ground ; and if they want a spot for a garden, if the
king's property, it shall be given them gratis ; if belonging to any pri-
vate person, they must pay a reasonable price for it.
The house that formerly belonged to the English Company at
Schyrash I now re-deliver to them, with the garden and water thereto
belonging.
Articles desired by the KnAN.
That the English, according to what was formerly customary, shall
purchase from the Persia merchants such goods as will answer for send-
ing to England or India, provided they and the Persians shall agree on
reasonable prices for the same, and not export from Persia the whole
amount of their sales in ready money, as this will impoverish the king-
dom and in the end prejudice trade in general.
That the English, wherever they are settled, shall not maltreat the
Mussulmen. 4
104 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA. What goods are imported by the English into Persia, they shall
Nns. XXI give the preference in sale of them to the principal merchants and men
&XX1I. of credit.
The English shall not give protection to any of the king's rebelli-
ous subjects, nor carry them out of the kingdom, but deliver any up
that may desert to them, who shall not be punished for the first or
second offence.
The English shall at no time, either directly or indirectly, assist the
king's enemies.
All our Governors of provinces, sea-ports, and other towns are
ordered to pay a strict obedience to these our orders, on pain of incurring
our displeasure, and of being punished for their disobedience or neglect.
Bated in Scliyrash, the 23rd of Seerhoja 1176, or the 2nd of
July 1763.
No. XXII.
Tbanslate of a Fieman from Jaffie Khan.
In the name of the Almighty and Glorious God !
This is exalted Firmana.
After Compliments. — And as we are always desirous that the mer-
chants and Coflas, who have occasion to pass backwards and forwards in
our dominions, should do so in safety, that they should sleep in the
cradle of security and confidence, and that they should transact all their
business as far as in us lies, without trouble or vexation : —
Therefore the high, exalted Firmana has been issued forth, con-
taining the strictest mandates to all Governors and Commanders of our
towns and castles, to all our Sirdars, and to all Kiotdars, who receive
customs on the roads, that they do show every favour to all persons
employed by the English nation in our dominions for the purpose of
merchandize, whether it be for importation or exportation, and that they
be constantly vigilant in protecting them, and moreover that these our
above-mentioned servants, upon no account or pretence whatsoever,
require any customs, presents, or money from the Agents of the English
nation, but that it may so happen that from a confidence in us, and
from a full persuasion of not receiving any insult or vexation, they, the
TREATIES, ENGAGEMENTS, AND SUNNITDS.
101
English, may be induced to pass backwards and forwards and to trade
in our dominions. And whenever they shall have disposed of the goods
and merchandize which they may import for sale, they shall have full
liberty to make their returns according to their own wishes.
And it is therefore necessary that our most honoured friend, the
English Balios at Bussora, should perfectly understand that in this way
our favour is equal in magnitude to whatever he can hope or desire, and
it is moreover necessaiy that in order to make trial thereof he should
encourage his nation to trade into Persia, and he has again our word
that they shall do so in the fullest and most perfect security.
Again, whatever goods or merchandize the English nation shall
import for sale, there shall be no restrictions put upon the sale thereof,
but after their Agents shall have completed the sales and fulfilled the
design of their journey, they shall have every protection granted them
on their return, and again upon our royal word there shall be no imposi-
tions laid upon them ; for if ever, heretofore, there has been any imposi-
tions or vexations practised upon the English nation in Persia, it is our
will that from this day they be abolished and forgotten.
And being persuaded of the sincerity of our most honoured friend
the Balios, we accept of his offer of services and request of him to
purchase immediately such rarities as are procurable at Bussora, favour-
ing us at the same time with the amount cost thereof, in order that
we may order the same to be repaid to the person who shall be sent
with them.
Let our friend, therefore, on all occasions rest satisfied of our favour
and protection. Let him on all occasions make known to us his wishes
and wants, and let the above for ever remain a compact between us.
Written on the eighth of the second month of Rabua, in the year
of Hijree one thousand two hundred and two, ansioering the \%th
January 1788.
PERSIA.
No. XXII,
The refuge
of supplicants,
Jaffir, the son
of Mahomed
Saduck.
VOL. VII.
10(J IKKATIKS, KN..MI Ml NTS, AND .SINXCDS.
I'KliMA. NO. XXIII.
No. XXIII. Tbanslation of a Firman from Fctteh Ali Shah, King of Persia, and of an
annexed Treaty concluded by Hajee Ibeaheim Khan, Prime Minister on
the part of the King of Persia, by 'whom he was fully empowered, and by
Captain John Malcolm, on the part of the English government, by virtue of
powers delegated to him for that purpose by the Most Noble the Makquis
Wellesley, k. p., Governor General of India, &c, &c, &c.
Firman.
In the name of the beloved and Great God !
The King of
Persia's Seal.
The earth is the Lord's. Our august commands are issued, that
the high in rank, the exalted in station, the great rulers, officers, and
writers of the ports, sea-coasts, and islands of the provinces of Fars
and Khoozistaun, do consider themselves as particularly honoured and
advanced by the royal favour ; and whereas, at this period, the found-
ations of union and friendship have been cemented, and the habits of
amity and intercourse have been increased between the ministers of
the Persian State, of eternal duration, and the ministers of the high
government of the refulgent sun of the sky of royalty, greatness, and
eminence, the sovereign of the countries of England and India; and
as various engagements and Treaties, calculated for duration and per-
manence, and for mutual good understanding, have been contracted,
therefore this command, from the Palace of Glory, requiring obedience,
has been proclaimed, that you, high in rank, do cheerfully comply and
execute the clear sense and meaning of what has been established ; and
should ever any person of the French nation attempt to pass your ports
or boundaries, or desire to establish themselves either on the shores or
frontiers, you are to take means to expel and extirpate them, and never
to allow them to obtain a footing in any place, and you are at full
liberty and authorized to disgrace and slay them. You are to look upon
it as your duty to aid and act in a friendly manner to all traders,
merchants, and men of rank of the English nation; all such you are
to consider as possessing the favour of the king ; and you must act in
TREATIES, ENGAGEMENTS, AND SUNNUDS.
107
conformity to the conditions of the annexed Treaty that has been con- PERSIA.
eluded between the trustworthy of the high State, the bracelet of the No. XX m.
graceful government, Hajee Ibraheim Khan, and the high in rank,
Captain John Malcolm. View this as an obligation.
Bated the Yhtli of Shaban, in the year of the Ilegira 1215, corres-
ponding with the • of January a. d. 1801.
Sealed, in the usual form, on the back of the Firman, by the fol-
lowing ministers : —
Seal of
Hajee Ibraheim
Khan.
Seal of Mirza
Shuffee.
Seal of
Mirza Rezak
Kouli.
Seal of
Mirza Assud
Ooollah.
Seal of
Mirza Eeezy.
Seal of
Mirza Ahmud.
Seal of Mirza
Fuzullah.
108 TREATIES, ENGAGEMENTS, AND SUNNUDS.
l'KKMA. Treaty annexed.
I will. Preamble. — Praise be unto God, who said, u Oh you who believe per-
" form your contracts, perform your covenants with God, when you enter
" into covenant with him, and violate not your engagements after the
" ratification thereof." After the voice is raised to the praise and glory
of the God of the world, and the brain is perfumed with the scent of the
saints and prophets (to whom be health and glory) , whose rare perfections
are perpetually chaunted by birds of the melodious notes,* furnished
with two, three, and four pair of wings, and to the highest seated in the
heavens, for whom good has been predestinated, and the perfume mixed
with musk, which scenteth the celestial mansions of those that sing
hymns in the ethereal sphere, and to the light of the flame of the Most
High, which gives irradiated splendour to the collected view of those
who dwell in the heavenly regions, the clear meaning of (the Treaty)
which has been established on a solid basis is fully explained in this page,
• and it is fixed as a prescription of law, that in this world of existence
and trouble, and in this universe of creation and concord, there is no
action among those of mankind that tends more to the perfection of the
human race, or to answer the end of their being and existence, than that
of cementing friendship, and of establishing intercourse, communication,
and connexion between each other. The image reflected from the mirror
of accomplishment is a tree fruitful and abundant, and one that produces
good both now and hereafter. To illustrate the allusions that it has
been proper to make and to explain these metaphors, worthy of exposi-
tion at this happy period of auspicious aspect, a Treaty has been con-
cluded between the high in dignity and the exalted in station, attended
by fortune, of great and splendid power, the greatest among the hio-h
viziers, in whom confidence is placed, the faithful of the powerful o>0v-
ernment, the adorned with greatness, power, glory, splendour, and for-
tune, Hajee Ibraheim Khan, on being granted leave, and vested with
authority from the port of the high king, whose Court is like that of
Solomon, the asylum of the world, the sign of the power of God, the
jewel in the ring of kings, the ornament in the cheek of eternal empire,
* Metaphorically, Angels.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 109
the grace of the beauty of sovereignty and royalty, the king of the PERSIA.
universe, like Caherman of the mansion of mercy and justice, the No. XXIII.
phoenix of good fortune, the eminence of never-fading prosperity, the
king powerful as Alexander, who has no equal among the princes
exalted to majesty by the heavens in this globe, a shade from the shade
of the Most High, a khooroo, whose saddle is the moon and whose stirrup
is the new moon, a prince of great rank, before whom the sun is
concealed.
(Arabic Verse.)
" Thy benevolence is universally dispensed ; everywhere drops are
scattered. Thy kindness shadows cities; may God fix firm the basis of
thy dominion, and may God fix and extend thy power over the servants
of the Almighty V And the high in dignity, the great and able in
power, the adorner of those acquainted with manners, Captain John
Malcolm, (delegated from the sublime quarter of the high in power, seated
on a throne, the asylum of the world, the chief jewel in the crown of
royalty and sovereignty, the anchor of the vessel of victory and fortune,
the ship on the sea of glory and empire, the blazing sun in the sky of
greatness and glory, lord of the countries of England and India, may
God strengthen his territories and establish his glory and commands
upon the seas ! ), in the manner explained in his credentials, which are
sealed with the seal of the most powerful and most glorious, possessing
fortune, the origin of rank, splendour, and nobility, the ornament of the
world, the completer of the works ' of mankind, the Governor General
of India.
This Treaty between these two great States shall be binding on race
after race, and the two governments must ever, while the world exists,
act in conformity to what is now settled.
Article 1.
As long as the sun, illuminating the circle of the two great con-
tracting powers, shines on their sovereign dominions and bestows light
on the whole world, the beautiful image of excellent union shall remain
fixed on the mirror of duration and perpetuity, the thread of shameful
110 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA, enmity and distance shall be cut, conditions of mutual aid and assistance
No. xxill. between the two States shall be instituted, and all causes of hatred and
hostility shall be banished.
Article 2.
If the king of the Afghans should ever show a resolution to invade
India, which is subject to the government of the monarch (above men-
tioned), the prince of high rank, the king of England, an army overthrow-
ing mountains, furnished with all warlike stores, shall be appointed from
the State of the conspicuous and exalted, high and fixed in power (the
king of Persia), to lay waste and desolate the Afghan dominions, and
every exertion shall be employed to ruin and humble the above-
mentioned nation.
Article 3.
Should it happen that the king of the Afghans ever becomes desir-
ous of opening the gates of peace and friendship with the government
of the king (of Persia), who is in rank like Solomon, in dignity like
Jumsheed, the shade of God ! who has bestowed his mercy and kindness
on the earth ; when negotiations are opened for an amicable adjustment,
it shall be stipulated in the peace concluded that the king of the
Afghans, or his armies, shall abandon all design of attack on the terri-
tories subject to the government of the king above mentioned, who is
worthy of royalty, the king of England.
Article 4.
Should ever any king of the Afghans or any person of the French
nation commence war and hostilities with the powerful of the ever-
enduring State (of the king of Persia), the rulers of the government
of the king (of England), whose Court is like heaven, and who has
been before mentioned, shall (on such event) send as many cannon and
warlike stores as possible, with necessary apparatus, attendants, and
inspectors, and such supply shall be delivered over at one of the ports
of Persia, whose boundaries are conspicuous, to the officers of the high
in dignity, the king of Persia.
TKEATIES, ENGAGEMENTS, AND SUNNUDS.
HI
Article 5.
PERRrA.
Should it ever occur that an army of the French nation, actuated No. XXIII.
by design and deceit, attempts to settle with a view of establishing*
themselves on any of the islands or shores of Persia, a conjunct force
shall be appointed by the two high contracting States to act in co-oper-
ation for their expulsion and extirpation, and to destroy and put an end
to the foundation of their treason. It is a condition, if such event hap-
pens, and the conquering troops (of Persia) march, that the officers of
the government of the king (of England) , who is powerful as the heavens
and as before mentioned, shall load, transport, and deliver (for their
service) as great a quantity of necessaries, stores, and provisions as
they possibly can. And if ever any of the great men of the French
nation express a wish or desire to obtain a place of residence or dwelling
on any of the islands or shores of the kingdom of Persia, that they
may there raise the standard of abode or settlement, such request or
representation shall not be consented unto by the high in rank of the
State encompassed with justice (the government of Persia), and leave for
their residing in such a place shall not be granted.
"While time endures, and while the world exists, the contents of
this exalted Treaty shall remain an admired picture in the mirror of
duration and perpetuity, and submission to the fair image on this con-
spicuous page shall be everlasting.
Seal of
Hajee Ibraheim
Khan.
Seal of
Captain John
Malcolm.
(Signed) John Malcolm, Envoy.
V
112 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA. No. XXIV.
No. XXIV. Tbanslation of a Firman from Fcttbh Am Shah, king of Persia, and of an
annexed Treaty concluded by Hajee Ibbaheim Khan, Prime Minister on the
part of the king of Persia, by whom he was fully empowered, and by Captain
John Malcolm, on the part of the English government, by virtue of powers
delegated to him for that purpose by the Most Noble the Mabquis Welleslet,
k. p., Governor General of India, &c, &c.
Firman.
In the name of the beloved and great God.
The king
of Persia's
Seal.
The earth is the Lord's. Our august commands are issued that
the high in dignity, the exalted in station, the refuge of power and
glory, the noble and great in authority, the Chiefs of high nobles, the
Beglebergs, the Hakims, the Naibs, and Mootaseddees of the kingdom
under our protection (who are raised by our royal favour) become ac-
quainted that at this period the dignified and eminent in station, the
prudent, able, and penetrating, the greatest of the exalted followers of
the Messiah, Captain John Malcolm, deputed from a glorious quarter
(from the government of the king of England), whose Court resembles
the firmament, an emperor in dignity like Alexander, possessing the
power of the globe, and from the repository of glory, greatness, and
ability, endowed with nobility, power, and justice (the Governor General
of the kingdom of Hindoostan) , for the purpose of establishing union
and friendship between the two great States, has arrived at our threshold,
founded on justice, and has been honoured by admission to our royal pre-
sence of conspicuous splendour, and has expressed a desire that the
foundations of amity and union should be laid between the two States,
that they should be connected together in the bonds of friendship and
harmony, and that a constant union and reciprocal good understanding
should exist. We from our august selves have given our consent and
have granted the request and desires of the high in rank above mentioned,
and a Treaty, sealed with the seal of the minister* of our ever-enduring
government, has been given to him; and you exalted in station are
* Literally, one in whom confidence is placed,
TREATIES, ENGAGEMENTS, AND SUNNUDS.
113
positively enjoined of the necessity (after you become informed of our PERSIA.
royal and august order) for all of you acting in strict conformity with No. XXI vT
the conditions of the Treaty concluded and exchanged between the high
in rank, the exalted in station, the great and glorious in power, near to
the throne, in whom the royal confidence is placed, Hajee Ibraheim Khan,
and the high in rank, the envoy (Captain John Malcolm) , whose titles
have been before enumerated. Let no one act contrary to this high
command, or to the contents of the annexed Treaty ; and should it ever
be represented to us that any of the great nobles conduct themselves in
opposition to the stipulations of this Treaty, or are in this respect either
guilty or negligent, such will incur our displeasure and punishment, and
be exposed to our royal anger, which is like fire, and let them view this
as an obligation.
Bated in the month of Shaban, in the year of the Hegira 1215,
corresponding with the month of January a. d. 1801.
Sealed, in the usual form, on the back of the Firman, by the follow-
ing ministers : —
Seal of
Mirza bhuffee.
Seal of
Mirza Reza
Kouli.
Seal of Mirza
Assudoollah.
Seal of
Mirza Keezy.
Seal of
Mirza Ahmad.
Seal of
Mirza Moortiza
Kouli.
Seal of Mirza
Fuzullah.
Seal of
Mirza Yoosuf.
VOL. VII.
Ill TREATIKS, ENGAGEMENTS, AND SUNNUDS.
PERSIA. Treaty annexed.
No. XXIV. Preamble. — Praise be to God, who has said, " perform your cove-
nant, for the performance of your covenant shall be enquired into here-
after."
As establishing the obligations of friendship between all mankind is
a charge from the Almighty, and is a most laudable and excellent insti-
tution, and as the Creator is pleased, and the happiness and tranquillity
of His creatures consulted by it, therefore, at this happy period of auspi-
cious aspect, a Treaty has been concluded between the high in dignity,
the exalted in station, attended by fortune, of great and splendid power,
the greatest among the high viziers, in whom confidence is placed, the
faithful of the powerful government, the adorned with greatness, power,
glory, splendour, and fortune, Hajee Ibraheim Khan, on being granted
leave and vested with authority from the port of the high king, whose
Court is like that of Solomon's, the asylum of the world, the sign of the
power of God, the jewel in the ring of kings, the ornament in the cheek
of the eternal empire, the grace of the beauty of sovereignty and royalty,
the king of the universe, like Caherman, the mansion of mercy and jus-
tice, the phoenix of good fortune, the eminence of never-fading pros-
perity, the king powerful as Alexander, who has no equal among the
princes, exalted to majesty by the heavens in this globe, a shade from
the shade of the Most High, a Khooroo, whose saddle is the moon and
whose stirrup is the new moon, a prince of great rank, before whom the
sun is concealed.
(Arabic Verse.)
" Thy benevolence is universally dispensed, everywhere drops are
" scattered. Thy kindness shadows cities ; may God fix firm the basis
" of the dominion V And the high in dignity, the great and able in
power, the adorner of those acquainted with manners, Captain John
Malcolm (delegated from the sublime quarter of the high in power,
seated on a throne, the asylum of the world, the chief jewel in the crown
of royalty and sovereignty, the anchor of the vessel of victory and for-
tune, the ship on the sea of glory and empire, the blazing sun in the
sky of greatness and glory, Lord of the countries of England and India,
may God strengthen his territories and establish his glory and command
upon the seas), in the manner explained in his credentials, which are
TREATIES, ENGAGEMENTS, AND SUNNUDS. 115
sealed with the seal of the most powerful and most glorious, possessing- PERSIA,
fortune, the origin of rank, splendour, and nobility, the ornament of the ~$0 XXIV
world, the completer of the works of mankind, the Governor General of
India. This Treaty between these two great powers shall be binding on
race after race, and the two governments must ever, while the world
oxists, act in conformity to what is now settled.
Article 1.
The merchants of the high contracting States are to travel and
carry on their affairs in the territories of both nations in full security
and confidence, and the rulers and governors of all cities are to consider
it their duty to protect from injury their cattle and goods.
Article 2.
The traders and merchants of the kingdom of England or Hindoos-
tan that are in the service of the English Government shall be per-
mitted to settle in any of the sea-ports or cities of the boundless empire
of Persia (which may God preserve from calamity) that they prefer ; and
no government duties, taxes, or requisitions shall ever be collected on
any goods that are the actual property of either of the governments; the
usual duties on such to be taken from purchasers.
Article 3.
Should it happen that either the persons or property (of merchants)
are injured or lost by thieves or robbers, the utmost exertions shall be
made to punish the delinquents and recover the property. And if any
merchant or trader of Persia evades or delays the payment of a debt to
the English Government, the latter are authorized to use every possible
mode for the recovery of their demands, taking care to do so in com-
munication and with the knowledge of the ruler or governor of the
place, who is to consider it as his duty to grant, on such occasion, every
aid in his power. And should any merchants of Persia be in India, at-
tending to their mercantile concerns, the officers of the English Govern-
ment are not to prevent them carrying on their affairs, but to aid and
116 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA, favour them, and the above-mentioned merchants are to recover their
No. xxiv. debts and demands in the mode prescribed by the customs and laws of
the English Government.
Article 4.
If any person in the empire of Persia die indebted to the. English
Government, the ruler of the place must exert his power to have such
demand satisfied before those of any other creditor whatever. The ser-
vants of the English Government, resident in Persia, are permitted to
hire as many domestic natives of that country as are necessary for the
transaction of their affairs ; and they are authorized to punish such, in
cases of misconduct, in the manner they judge most expedient, provided
such punishment does not extend to life or limb; in such cases the
punishment to be inflicted by the ruler or governor of the place.
Article 5.
The English are at liberty to build houses and mansions in any of
the ports or cities of Persia that they choose, and they may sell or rent
all such houses or mansions at pleasure. And should ever a ship, be-
longing to the English Government, be in a damaged state in any of the
ports of Persia, or one of Persia be in that condition in an English har-
bour, the Chiefs and rulers of the ports and harbours of the respective
nations are to consider it as their duty to give every aid to refit and re-
pair vessels so situated. And if it happens that any of the vessels of
either nation are sunk or shipwrecked in or near the ports or shores of
either country, on such occasions whatever part of the property is re-
covered shall be restored to their owners or their heirs, and a just hire is
to be allowed by the owners to those who recover it.
Final Article.
Whenever any native of England or India, in the service of the
English Government, resident in Persia, wishes to leave that country, he
is to suffer obstruction from no person, but to be at full liberty to do so,
and to carry with him his property.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
117
The Articles of the Treaty between the two States are fixed and deter-
mined. That person who turns from God turns from his own soul.
Seal of
Hajee Ibraheim
Khan.
Seal of
Captain John
Malcolm.
(Signed) John Malcolm, Emmy.
Additional Article.
It is further written in sincerity that on iron, lead, steel, broad
cloth, and purpetts that are exclusively the property of the English
government, no duties whatever shall be taken from the sellers ; a duty
not exceeding one per cent, to be levied upon the purchasers. And the
duties, imports, and customs, which are at this period established in Persia
and India (on other goods) are to remain fixed and not to be increased.
The high in rank Hajee Kulleel Khan Mullick-oo-Tijjar is charged
and entrusted with the arrangement and settlement of the remaining
points relative to commerce.
Seal of
Hajee Ibraheim
Khan.
Seal of
Captain John
Malcolm.
(Signed) John Malcolm, Envoy.
PERSIA.
Nos. XXIV
&XXV.
No. XXV.
In the name of Him who is ever necessary, who is all sufficient, who is everlasting,
and who is the only Protector.
In these times distinguished by felicity, the excellent ambassador
Sir Harford Jones, Baronet, Member of the Honourable Imperial Otto-
man Order of the Crescent, has arrived at the royal city of Teheran in
quality of ambassador from His Majesty the king of England (titles),
118 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA, bearing His Majesty's credential letter, and charged with full powers
No. XXV.- naunited with the Great Seal of England empowering him to strengthen
the friendship and consolidate the strict union subsisting between the
high States of England and Persia. His Majesty the king of Persia,
(titles) therefore, by a special Firman delivered to the said ambassador,
has appointed the most excellent and noble Lords, Mirza Mahomed
Sheffee, qualified with the title of Moatemmed-ed-dowlah, his first vizier,
and Hajee Mahomed Hossein Khan, qualified with the title of Ameen-
ed-dowlah, one of the ministers of Record, to be his plenipotentiaries
to confer and discuss with the aforesaid ambassador of His Britannic
Majesty all matters and affairs touching the formation and consolidation
of friendship, alliance, and strict union between the two high States, and
to arrange and finally conclude the same for the benefit and advantage of
both kingdoms. In consequence whereof, after divers meetings and dis-
cussions, the aforesaid plenipotentiaries have resolved that the following
Articles are for the benefit and advantage of both the high States, and
hereafter to be accordingly for ever observed : —
Article 1.
That as some time will be required to arrange and form a definite
Treaty of alliance and friendship between the two high States, and as the
circumstances of the world make it necessary for something to be done
without loss of time, it is agreed these Articles, which are to be regarded
as preliminary, shall become a basis for establishing a sincere and ever-
lasting definitive Treaty of strict-friendship and union. And it is agreed
that the said definitive Treaty, precisely expressing the wishes and obli-
gations of each party, shall be signed and sealed by the said plenipoten-
tiaries and afterwards become binding on both the high contracting
parties.
Article 2.
It is agreed that the preliminary Articles formed with the hand of
truth and sincerity shall not be changed or altered, but there shall arise
from them a daily increase of friendship, which shall last for ever
between the two most serene kings, their heirs, successors, their subjects,
dominions, provinces, and countries.
treaties, engagements, and sunnuds. 119
Article 3. Persia.
His Majesty the king of Persia judges it necessary to declare that No. XXV.
from the date of these preliminary Articles, every Treaty or agreement he
may have made with any one of the powers of Europe becomes null and
void, and that he will not permit any European force whatever to pass
through Persia, either towards India, or towards the ports of that
country.
Article 4.
In case any European forces have invaded or shall invade the terri-
tories of His Majesty the king of Persia, His Britannic Majesty will
afford to His Majesty the king of Persia a force, or, in lieu of it, a sub-
sidy with warlike ammunition, such as guns, muskets, &c, and officers
to the amount that may be to the advantage of both parties for the
expulsion of the force so invading, and the number of these forces, or
the amount of the subsidy, ammunition, &c, shall be hereafter regulated
in the definitive Treaty. In case His Majesty the king of England
should make peace with such European power, His Britannic Majesty
shall use his utmost endeavours to negociate and procure a peace between
His Persian Majesty and such power. But if, which God forbid, His
Britannic Majesty's efforts for this purpose should fail of success, then
the forces or subsidy, according to the amount mentioned in the definitive
Treaty, shall still continue in the service of the king of Persia as long as
the said European forces shall remain in the territories of His Persian
Majesty, or until peace is concluded between His Persian Majesty and
the said European power. And it is further agreed that in case the
dominions of His Britannic Majesty in India are attacked or invaded by
the Afghans or any other power, His Majesty the king of Persia shall
afford a force for the protection of the said dominions according to the
stipulations contained in the definitive Treaty.
Article 5.
If a detachment of British troops has arrived from India in the Gulf
of Persia, and by the consent of His Persian Majesty landed on the Island
of Carrack, or at any of the Persian ports, they shall not in any manner
possess themselves of such places, and from the date of these preliminary
Articles, the said detachment shall be at the disposal of His Majesty the
king of Persia, the amount of which shall be settled in the definitive Treaty.
120 TREATIES, ENGAGEMENTS, AND SVNNUDS.
Mm. Article 6.
No. x.\ v. But if the said troops remain by the desire of His Majesty the king
of Persia either at Carrack or any other port in the Gulf of Persia, they
shall be treated by the Governor there in the most friendly manner, and
orders shall be given to all the Governors of Faristan that whatever quantity
of provisions, &c., may be necessary, shall, on being paid for, be furnished
to the said troops at the fair prices of the day.
Article 7.
In case war takes place between His Persian Majesty and the
Afghans, His Majesty the king of Great Britain shall not take any part
therein, unless it be at the desire of both parties, to afford his mediation
for peace.
Article 8. .
It is acknowledged the intent and meaning of these preliminary
Articles are defensive. And it is likewise agreed that as long as these
preliminary Articles remain in force, His Majesty the king of Persia shall
not enter into any engagements inimical to His Britannic Majesty or
pregnant with injury or disadvantage to the British territories in India.
This Treaty is concluded by both parties in the hope of its being
everlasting, and that it may be productive of the most beautiful fruits of
friendship between the two most serene kings.
In witness whereof we, the said plenipotentiaries, have hereunto set
our hands and seals, in the royal city of Teheran, this twelfth day of
March, in the year of our Lord one thousand eight hundred and nine,
answering to the 25th of Moharem-il-Haram, in the year of the Hegira
one thousand two hundred and twenty-four.
Mahomed Sheffee.
Mahomed Hossein.
Harford Jones.
L. S.
L. S.
L. S.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
121
Fobm of His Majesty Futteh Ali Shah's ratification of the preliminary Treaty
with England.
This auspicious and noble document is the preliminary Treaty which
was concluded between the ministers of the two great States and sent
(to England) by the high in family Mirza Abul Hossein Khan. At
present our sincere well-wisher Sir Gore Ouseley, Baronet, ambassador
extraordinary from that great State (England), has brought a copy of the
said Treaty ratified by, and sealed with the seal, resplendent like the sun,
of our brother the pearl of royalty, in dignity above the planets, the king
of England and Hindoostan, and presented it to our auspicious view.
We also by these presents have ratified and approved of the said prelimi-
nary Treaty and have affixed our prosperous seal to the same ; and the
Articles agreed to therein are of that nature which will be fully explained
in the definitive Treaty.
PERSIA.
Nos. XXV
& XXVI.
No. XXVI.
Pbaise be to God, the All-perfect and All-sufficient.
These happy leaves are a nosegay plucked from the thornless garden
of concord and tied by the hands of the plenipotentiaries of the two
great States in the form of a definitive Treaty, in which the Articles of
friendship and amity are blended.
Previously to this period, the high in station, Sir Harford Jones,
Baronet, envoy extraordinary from the English Government, came to
this Court to form an amicable alliance, and in conjunction with the
plenipotentiaries of Persia, their Excellencies (titles) Mirza Mahomed
Sheffee and Hajee Mahomed Hossein Khan concluded a preliminary
Treaty, the particulars of which were to be detailed and arranged in a
definitive Treaty.
At this time the high in dignity and loyal well-wisher (titles) His
Excellency Sir Gore Ouseley, Baronet, appointed by His Britannic Majesty
ambassador extraordinary to this Court, has arrived invested with full
powers to conclude a definitive Treaty between the two illustrious
monarchs.
The plenipotentiaries of this Court, in conjunction with His Excel-
lency Sir Gore Ouseley, Baronet, having consulted on the terms most
vol. vn. r
122 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PEKSIA. advisable for this alliance, have comprised them in the twelve adjoining
No XXVI. Articles. What relates to commerce, trade, and other affairs will be
drawn up and concluded in a separate commercial Treaty : —
Article 1.
The Persian government judge it incumbent on them, after the con-
clusion of this definitive Treaty, to declare all alliances formerly contracted
with European States null and void, and hold themselves bound not to
allow any European army to enter the Persian territory, nor to proceed
towards India, nor to any of the ports of that country, and also engage
not to allow any individuals of such European nations whatever to enter
Persia. Should any of the European powers wish to invade India by
the road of Kharizen, Taturistan, Bokhara, Samarkand, or other routes,
His Persian Majesty engages to induce the kings and governors of those
countries to oppose such invasion, as much as is in his power, either by
the fear of his arms or by conciliatory measures.
Article 2.
In case of any European nation invading Persia, should the Persian
government request the assistance of the English, the Governor General
of India, on the part of Great Britain, shall comply with the wish of
the Persian government in sending from India the force required, if
possible and convenient ; if, however, the state of affairs in India prevent
the possibility of sending troops, the English Government shall pay
annually the sum of two hundred thousand Tomans so long as the war
with such nation shall continue; and since the payment of the above
subsidy will be made solely for the purpose of raising and disciplining
an army, it is agreed that the British ambassador shall see and be
satisfied of its being duly applied to the purpose for which it is assigned.
Article 3.
Should any European power engaged in war with Persia make
peace with England, His Britannic Majesty engages to use his best
endeavours to bring Persia and such European power to a friendly under-
standing; if, however, His Majesty's cordial interference shall fail of
success, England shall still furnish an army from India, as specified in
TREATIES, ENGAGEMENTS, AND SUNNUDS. 123
the last Article, or pay an annual subsidy of two hundred thousand PERSIA.
Tomans for the support of a Persian army, so long" as a war in the jjo. xxvi.
supposed case shall continue and until Persia shall make peace with such
nation. England shall fulfil her engagement to Persia on this head;
and should the English make peace with the European nation at war
with Persia, even then, so long as such war shall continue, the English
government shall furnish officers, &c, &c, for the purpose of drilling
and disciplining the Persian army, should they be required. Should
Persia make peace with the supposed power and still require the aid
of officers, &c, for the above purpose, the English government shall
afford them if they can conveniently spare them.
Article 4.
Since it is the custom of Persia to pay her troops six months in
advance, the English ambassador shall do all in his power to pay the
subsidy granted in lieu of troops in as early instalments as may be
convenient and practicable.
Article 5.
Should the Afghans be at war with the British nation, His Persian
Majesty engages to send an army against them in such manner and
of such force as may be concerted with the English Government. The
expenses of such an army shall be defrayed by the British Government
in such manner as may be agreed on at the period of its being required.
Article 6.
If war shall be declared between the Persians and the Afghans, the
English Government shall not interfere with either party, unless their
mediation to effect a peace shall be solicited by both States.
Article 7.
Should the king of Persia form magazines of materials for ship-
building on the coasts of the Caspian Sea, and resolve to establish
a naval force, the king of England shall grant permission to naval
officers, seamen, shipwrights, carpenters, &c, to proceed to Persia from
London and Bombay and to enter the service of the king of Persia.
IU
TREATIES, ENGAGEMENTS, AND SL'NNUDS.
PERSIA. The pay of such officers, artificers, &c, shall be given by His Persian
No. XXVI. Majesty at the rates which may be agreed on with the English
ambassador.
Article 8.
Should any Persian subject of distinction showing signs of hostility
and rebellion take refuge in the British territories, the English Govern-
ment shall, on intimation from the Persian government, turn him out of
their country, or if he refuse to leave it, shall seize and send him to
Persia. Previously to the arrival of such fugitive in the English terri-
tory, should the Governor of the district to which he may direct his
flight receive intelligence of the wishes of the Persian government respect-
ing him, he shall refuse him admission ; after such prohibition, should
such person persist in his resolution, the said Governor shall cause him to
be seized and sent to Persia.
Article 9.
Should His Persian Majesty require assistance from the English
Government in the Persian Gulf, they shall, if convenient and practicable,
assist him with ships of war and troops. The expenses of such expe-
dition shall be accounted for and defrayed by the Persian government,
and the above ships shall anchor in such ports as shall be pointed out
by the Persian government, and not enter other harbours without per-
mission, except from absolute necessity.
Article 10.
The British Government shall pay the allowances of the officers,
drill Serjeants, &c, sent to discipline the Persian army ; but as is it not
the wish of His Persian Majesty that any one should serve him without
profiting by his generosity, His Majesty will make them an allowance
as here detailed.
The king of Persia's allowance per annum to the different ranks
of officers, Serjeants, &c. : —
Horse Artillery.
Tomans.
Tomans.
Lieutenant General
... 3,600
Colonel ...
... 750
Major „
... 2,G00
Lieutenant Colonel ...
... 580
Brigadier „
... 1,800
Major ... ...
... 475
Captain ...
... 300
Lieutenant
... 200
TREATIES, ENGAGEMENTS, AND SUNNITDS.
125
Engineers.
Tomans.
... 1,500
... 510
Infantry and Artillery.
Colonel ...
Lieutenant Colonel ...
Tomans.
... 625
... 470
PERSIA.
Colonel
Lieutenant Colonel
No. XXVL
Major ...
Captain
Lieutenant
... 340
... 210
... 150
Major ... ...
Captain ... ...
Lieutenant
... 375
... 205
... 142
Horse Artillery,
Serjeant Major
Serjeant
Corporal
25
21
18
Infantry.
Serjeant Major
Serjeant ... ...
Corporal...
... 20
... 16
... 13
The officers and Serjeants, &c, at present in Persia, as well as
those who may hereafter arrive here, shall receive allowances according
to the above rates, and the senior or commanding officer of whatever
rank he may be shall receive a further gratuity of half the allowance
annexed to his rank, in addition, during the period of his command ; and
if, God forbid, any of them should be negligent in their duty, the matter
being represented to the ambassador, such persons shall be dismissed
His Persian Majesty's service.
Article 11.
Since it is the earnest wish of the two great sovereigns that this
permanent alliance shall continue in their posterity, the high contract-
ing parties agree that the respective heirs apparent of each throne shall
hold the Articles of this Treaty sacred, and if either of the heirs apparent
shall require assistance of a nature not specified in this Treaty, such shall
be afibrded according to the ability of the party in the manner most
beneficial to the interests of the State requiring such assistance. The
other assistance and subsidy, on the conditions and for the purposes
explained in the above Articles of this Treaty, are of course to hold good
with the respective heirs apparent, &c, &c.
Article 12.
The intention of this Treaty and the respective wishes of the high
contracting powers are to afford mutual assistance, and thereby strengthen,
consolidate, and extend their power and dominions for the purpose of
120
TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA, defeating the aggressions of their enemies. As the sincere desire of
No. XXVI. ^s Britannic Majesty particularly is to strengthen and consolidate the
Persian government, so as to prevent foreign nations from invading
Persia, and by his assistance to raise her political consequence and
to increase her territory, the English Government will not interfere in
any quarrels which may hereafter arise between the Princes, Noblemen, or
great Chiefs of Persia, until the king then reigning shall require their
assistance ; and if one of the contending parties should offer a province
of Persia with a view of obtaining assistance, the English Government
shall not agree to such a proposal, nor by accepting it possess themselves
of such part of Persia.
The Articles are thus auspiciously concluded.
This happy and fortunate Treaty, it is hoped, will for ever continue
in force, and produce the fairest and most beneficial results.
"We, the undersigned plenipotentiaries of the high, contracting
powers, having concluded this auspicious Treaty in the true spirit of
amity and sincerity in the twelve foregoing Articles, have hereunto set
our hands and seals, in the royal city of Teheran, this fourteenth day of
March, in the year of our Lord one thousand eight hundred and twelve,
corresponding with the twenty-ninth of Safer-ol-Mazafer, in the year of
the Hegira one thousand two hundred and twenty-seven.
On the Persian leaf.
(Sd.) Mohammed (Sd.) Mohammed Hossein. (Sd.) Gore Ouseley.
Sheffee.
On the English leaf.
Gore Ouseley. Mohammed Hossein. Mohammed Sheffee.
& XXVII.
TREATIES^ ENGAGEMENTS, AND SUNNUDS. 127
Form of His Majesty Futteh Ali Shah's ratification of the definitive Treaty PERSIA.
with England. N<*.XXVI
This auspicious definitive Treaty which the three plenipotentiaries of
the two high States have drawn up Avith the hand of sincerity and truth;
and the contents and meaning of which the splendid and glorious mind
of the king like the sun has illuminated with its rays, has now re-
ceived the splendour of his ratification. Please God; the all-perfect pro-
tector, the following Articles will for ever be preserved from langour in
the execution of them.
Form of His Eoyal Highness Abbas Mibza's ratification of the definitive
Treaty with England.
His high and potent Majesty, the asylum of the world; having been
pleased to nominate me the slave of the threshold of created beings'
asylum heir apparent to his throne; in obedience to His Majesty's com-
mands; (the shade of God to whom my life is a ready sacrifice); I have
agreed to this same arrangement; and from this period to the end of
time hold myself and my heirs, generation after generation; bound to
respect and hold sacred the terms and the Articles comprised in this
happy Treaty concluded between the two great States ; and by the grace
of God this alliance with Great Britain shall be binding and durable for
ever. Please the Almighty; our defender during the lapse of ages,
nothing shall intervene that may militate against it.
No. XXVII.
Praise be to God, the All-perfect and All-sufficient.
These happy leaves are a nosegay plucked from the thornless garden
of concord and tied by the hands of the plenipotentiaries of the two
great States in the form of a definitive Treaty, in which the Articles of
friendship and amity are blended.
Previously to this period, the high in station, Sir Harford Jones,
Baronet, envoy extraordinary from the English Government, came to this
Court to form an amicable alliance, and in conjunction with the plenipo-
128 TREATIES, ENGAGEMENTS, AND SUNNUDS.
MBSIA. tentiaries of Persia, their Excellencies (titles) Mirza Mohammed Sheffee
n .. xxvn. ;lll(' Hajee Mohammed Booooni Khan oo&ehided a preliminary Treaty, the
particulars of which were to be detailed and arranged in a definitive
Treaty, and the above-mentioned Treaty, according* to its Articles, was
ratified by the British Government.
Afterwards, when His Excellency Sir Gore Ouseley, ambassador
extraordinary from His Britannic Majesty, arrived at this exalted and
illustrious Court for the purpose of completing* the relations of amity
between the two States, and was invested with full powers by his
own government to arrange all the important affairs of friendship, the
ministers of this virtuous State, with the advice and approbation of the
above-mentioned ambassador, concluded a definitive Treaty consisting of
fixed Articles and stipulations.
That Treaty having been submitted to the British Government,
certain changes in its Articles and provisions consistent with friendship
appeared necessary, and Henry Ellis, Esq., was accordingly dispatched to
this Court in charge of a letter explanatory of the above-mentioned
alterations. Therefore their Excellencies Mirza Mohammed ShefFee, Prime
Minister (titles), Mirza Buzurk Caimaian (titles), and Mirza Abdul
Wahab, Principal Secretary of State, were duly appointed and invested
with full powers to negotiate with the plenipotentiaries of His Majesty,
James Morier, Esq., recently appointed minister at this Court, and the
above-mentioned Henry Ellis, Esq. These plenipotentiaries having con-
sulted on the terms most advisable for this alliance, have comprised them
in eleven Articles. What relates to commerce, trade, and other affairs
will be drawn up and concluded in a separate commercial Treaty.
Article 1.
The Persian government judge it incumbent on them, after the
conclusion of this definitive Treaty, to declare all alliances contracted with
European nations in a state of hostility with Great Britain null and
void, and hold themselves bound not to allow any European army to
enter the Persian territory, nor to proceed towards India, nor to any of
the ports of that country, and also engage not to allow any individuals of
such European nations entertaining a design of invading India, or being
TREATIES, ENGAGEMENTS, AND SUNNUDS. 129
at enmity with Great Britain whatever, to enter Persia. Should any of PERSIA.
the European powers wish to invade India by the road of Kharizen, Tatur- No. XXVII.
istan, Bokhara, Samarkand, or other routes, His Persian Majesty engages
to induce the kings and governors of those countries to oppose such
invasion, as much as is in his power, either by the fear of his arms or by
conciliatory measures.
Article 2.
It is agreed that these Articles formed with the hand of truth and
sincerity shall not be changed or altered, but there shall arise from them
a daily increase of friendship which shall last for ever between the two
most serene kings, their heirs, successors, their subjects, and their
respective kingdoms, dominions, provinces and countries; and His
Britannic Majesty further engages not to interfere in any dispute which
may hereafter arise between the Princes, Noblemen, and great Chiefs of
Persia, and if one of the contending parties should even offer a province
of Persia with a view of obtaining assistance, the English Government
shall not agree to such a proposal, nor by adopting it possess themselves
of such part of Persia.
Article 3.
The purpose of this Treaty is strictly defensive, and the object is
that, from their mutual assistance, both States should derive stability and
strength, and this Treaty has only been concluded for the purpose of re-
pelling the aggression of enemies ; and the purport of the word aggres-
sion in this Treaty is an attack upon the territories of another State.
The limits of the territories of the two States of Russia and Persia shall
be determined according to the admission of Great Britain, Persia, and
Russia.
Article 4.
It having been agreed by an Article in the preliminary Treaty con-
cluded between the high contracting parties that in case of any European
nation invading Persia, should the Persian government require the
assistance of the English, the Governor General of India, on the part
of Great Britain, shall comply with the wish of the Persian government
VOL. VII. a
ISO TREATIES, ENGAGEMENTS, AND STNNUDS.
PERSIA, by sending from India the force required, with officers, ammunition, and
No. XXVII. warlike stores, or, in lieu thereof, the English Government shall pay an
annual subsidy, the amount of which shall be regulated in a definitive
Treaty to be concluded between the high contracting parties; it is
hereby provided that the amount of the said subsidy shall be two hundred
thousand (2,00,000) Tomans annually. It is further agreed that the said
subsidy shall not be paid in case the war with such European nation
shall have been produced by an aggression on the part of Persia; and
since the payment of the subsidy will be made solely for the purpose of
raising and disciplining an army, it is agreed that the English minis-
ter shall be satisfied of its being duly applied to the purpose for which
it is assigned.
Article 5.
Should the Persian government wish to introduce European dis-
cipline among their troops, they are at liberty to employ European officers
for that purpose, provided the said officers do not belong to nations in a
state of war or enmity with Great Britain.
Article 6.
Should any European power be engaged in war with Persia when at
peace with England, His Britannic Majesty engages to use his best
endeavours to bring Persia and such European power to a friendly under-
standing. If, however, His Majesty's cordial interference should fail
of success, England shall still, if required, in conformity with the stipu-
lations in the preceding Articles, send a force from India, or, in lieu
thereof, pay an annual subsidy of two hundred thousand Tomans for
the support of a Persian army so long as a war in the supposed case
shall continue and until Persia shall make peace with such nation.
Article 7.
Since it is the custom of Persia to pay the troops six months in
advance, the English minister at that Court shall do all in his power to
pay the subsidy in as early instalments as may be convenient.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 131
Article 8. PERSIA.
Should the Afghans be at war with the British nation, His Persian No. XXVII.
Majesty engages to send an army against them in such force and in
such manner as may be concerted with the English Government. The
expense of such an army shall be defrayed by the British Government
in such manner as may be agreed upon at the period of its being
required.
Article 9.
If war should be declared between the Afghans and Persians, the
English Government shall not interfere with either party unless their
mediation to effect -a peace shall be solicited by both parties.
Article 10.
Should any Persian subject of distinction showing signs of hostility
and rebellion take refuge in the British dominions, the English
Government shall, on intimation from the Persian government, turn him
out of their country, or, if he refuse to leave it, shall seize and send him
to Persia.
Previously to the arrival of such fugitive in the English territory,
should the Governor of the district to which he may direct his flight
receive intelligence of the wishes of the Persian government respecting
him, he shall refuse him admission. After such prohibition, should such
person persist in his resolution, the said Governor shall cause him to be
seized and sent to Persia, it being understood that the aforesaid obliga-
tions are reciprocal between the contracting parties.
Article 11.
Should His Persian Majesty require assistance from the English
Government in the Persian Gulf, they shall, if convenient and practicable,
assist him with ships of war and troops. The expenses of such expedi-
tion shall be accounted for and defrayed by the Persian government, and
the above ships shall anchor in such ports as shall be pointed out by the
Persian government, and not at other harbours without permission, except
from absolute necessity.
132
TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA. A definitive Treaty between the two States having formerly been
N«. XXVII prepared, consisting of 12 Articles, and certain changes not inconsistent
& XXVIII. with friendship having appeared necessary, we, the plenipotentiaries of
the two States comprising the said Treaty in 11 Articles, have hereunto
set our hands and seals, in the royal city of Teheran, this twenty-fifth day
of November, in the year of our Lord one thousand eight hundred and
fourteen, corresponding with the twelfth Zialhajeh, in the year of the
Hegira one thousand two hundred and twenty-nine.
James Morier.
Abdul Wahab.
ISASI.
Mohammed Sheffee.
Henry Ellis.
No. XXVIII.
Tbanslation of a Bond granted by Abbas Mibza, Prince Boyal of Persia, to
Lieutenant Colonel Macdonald, British Envoy.
Be it known to Colonel Macdonald, British envoy at our Court,
that we, the heir apparent to the Persian throne, in virtue of the full
powers vested in us by the Shah, in all matters touching the foreign
relations of this kingdom, do hereby pledge our solemn word and
promise that if the British Government will assist us with the sum of
two hundred thousand Tomans (2,00,000) towards the liquidation of
the indemnity due by us to Russia, we will expunge, and hereafter
TREATIES, ENGAGEMENTS, AND STJNNtTDS. 133
consider as annulled, the 3rd and 4th Articles of the definitive Treaty PERSIA.
between the two States, concluded by Mr. Ellis, and obtain the royal No. XXVIII.
sanction to the same.
This paper bears the Seal of His Royal Highness Abbas Mirza
and that of his Persian Majesty's minister the Kaim Mukam.
Bated in the month of Shaban, or March 1828.
Ruckum of His Royal Highness the heir apparent, ratifying the abrogation of the
Articles 3 and 4 of the Treaty with England.
Relative to the Articles 3 and 4 of the Treaty between England and
Persia, which was concluded by Mr. Ellis, in the month Zihija a. h. 1229,
agreeably to the engagements entered into with your Excellency, that
in consequence of the sum of 2,00,000 Tomans, the currency of the coun-
try, presented as an aid to Persia in consideration of the losses she has
sustained in the war with Russia, we, the heir apparent, vested with full
powers in all matters connected with the politics of this nation, have
agreed that the said two Articles shall be expunged, and have delivered a
bond to your Excellency, which is already in your hands.
In the month of Zikeyda a. h. 1243, on our going to wait upon
His Majesty at Teheran, in conformity with the note addressed to your
Excellency by Mirza Abul Hossein Khan, the Minister for Foreign
Affairs, we were appointed sole Agent in this matter by His Majesty with
unlimited authority ; therefore, as the government of England, through
the medium of Colonel Macdonald, have afforded us the assistance of
2,00,000 Tomans, we, the representative of the king, have on this
day, the 14th of the month Suffer, and the 24th of the Christian month
August, annulled the two obnoxious Articles of our propitious Treaty.
The envoy, considering this document as a ratification on the subject
of the two Articles, will know that it is liable to no further comment
from the ministers of the Shah's Court.
Sealed by H. R, H. Abbas Mirza.
134 TREATIES, ENGAGEMENTS, AND SUNNTJDS.
PERSIA. TbanslatioN of a Fibman from His Majesty the Shah to Colonel Macdonald,
Km XXVIII British Envoy in Persia.
& XXIX. Apter Compliments. — Let it be known to Colonel Macdonald, the
English envoy exalted by our munificence, that our noble son having
represented to us his having recently come to an arrangement relative
to the two Articles of the Treaty with England, we have ordered that
what has been executed by our son touching this transaction, in confor-
mity with the Firman of full powers granted him by us, be confirmed
by our royal ratification and consent, and we duly appreciate the exer-
tions of your Excellency during the last year, which have obtained you
the good-will of the Shah.
Regarding the crore of Tomans required for the redemption of
Khore, agreeably to what has been laid before us, His Royal Highness
Abbas Mirza has directed the payment of 4,00,000 Tomans by Maho-
med Mirza, and we have besides instructed the remaining 1,00,000
Tomans to be delivered to Mirza Abul Hossein Khan, Minister for
Foreign Affairs, for the purpose of being transmitted to you.
Your Excellency will therefore, conceiving this Firman as your
security, become responsible for the payment of the above sum, which
will be afterwards repaid to you by the Lord of Exalted Rank Mirza Abul
Hossein Khan ; also make known to us all your wishes.
Sealed by H. H. Futteh Ali Shah.
No. XXIX.
Tbanslation of a Fibman from His Majesty Futteh Ali Shah of Persia, to
His Eoyal Highness Hossein Ali Mibza, Governor General of Fars.
This auspicious Firman is issued to inform our beloved and renowned
son, Hossein Ali Mirza, the Governor General of Fars, that the British
Agent at the Court has represented to our ministers that the officers of
the customs of Fars and the ports have commenced to exact a duty on
horses purchased in Persia by British subjects for exportation to their
own country. According to his statement this regulation did not
formerly exist ; and in consideration of the friendship between the two
TREATIES, ENGAGEMENTS, AND SUNNXJDS.
135
States, which has rendered their interests inseparable, it is our wish in PERSIA.
every respect to cultivate the present alliance ; therefore our beloved son j$oa xxix
is ordered to give instructions, both with regard to horses and other & XXX.
property and goods belonging to British subjects, that no duties shall
in future be levied on them, excepting such as long-established usages
authorize.
You are enjoined to pay the fullest attention to the purport of this
Firman, and not only to prevent the subjects of the British Government
from suffering any injustice or molestation, but to extend them every
protection and indulgence.
Seal of His
Majesty Futteh
Ali Shah.
(True Translation)
(Signed) George Willock.
Baled Zilkad 1238, corresponding with July and August 1823.
No. XXX.
Seal of
Mohammed
Shah.
"Whereas the relations of friendship and amity between the powerful
and dignified governments of Persia and England are fixed upon the most
perfect and firm basis, and whereas it is agreeable to the exalted character
of His Majesty that this friendship and amity should daily increase, and
that mutual advantage should thence result, therefore, in the present
auspicious year, and henceforth according to this gracious proclamation,
136 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA, we grant liberty and permission to the merchants of the British nation
So*. XXX that having brought their merchandize to the territorial possessions of
& XXXI. Persia, they may dispose of the same in perfect security and confidence,
and that they shall pay to the officers of government the same public
dues upon their goods as are paid by the merchants of the Russian
government.
In the month of Mohurrum, in the year of the Hegira 1252, May
a. d. 1836.
Witnesses' Seals follow.
No. XXXI.
Commercial Tbeaty concluded with the Shah of Persia in 1841.
Preamble. — Whereas by the benign favour of the one Almighty God,
whose bounties are infinite, from the day on which the Treaty of friend-
ship and attachment was concluded between the glorious States of Great
Britain and Persia, the renowned and just Sovereigns of the two ever-
lasting States have day by day and at all times attended to and observed
the whole of its Articles and stipulations, and have caused the subjects of
both governments to enjoy all its benefits and advantages except the
Treaty of commerce, which, in the preamble of the Treaty of the year one
thousand eight hundred and fourteen, the two governments engaged to
conclude, and which up to this time, for certain reasons, has been post-
poned and left unfinished, therefore in this fortunate year, that all the
stipulations of the auspicious Treaty may be fulfilled, His Majesty the
Shah of Persia has appointed His Excellency Hajee Mirza Abul Hos-
sein Khan, His Majesty's Secretary of State for Foreign Affairs, to be his
sole plenipotentiary, and Her Majesty the Queen of Great Britain and
Ireland, and Sovereign of India, has appointed Sir John McNeill, Knight,
Grand Cross of the Most Honourable Order of the Bath, Her Majesty's
Envoy Extraordinary and Minister Plenipotentiary to the Court of Per-
sia, to be her sole plenipotentiary, and the said plenipotentiaries having
concluded a commercial Treaty in these two Articles, have annexed and
TREATIES, ENGAGEMENTS, AND SUNNUDS. 137
united it to the original Treaty that by the aid of God it may henceforth PERSIA.
be observed between the two governments and be a source of advantage No. XXXI.
to the subjects of both.
Article 1.
The merchants of the two mighty States are reciprocally permitted
and allowed to carry into each other's territories their goods and manu-
factures of every description, and to sell or exchange them in any part of
their respective countries, and on the goods which they import or export
custom duties shall be levied, that is to say, on entering the country the
same amount of custom duties shall be levied once for all that is levied
on merchandize imported by the merchants of the most favoured Euro-
pean nations, and at the time of going out of the country the same
amount of custom duties which is levied on the merchandize of mer-
chants of the most favoured European nations shall be levied from the
merchants, subjects of the high contracting parties, and except this no
claim shall be made upon the merchants of the two States in each other's
dominions on any pretext or under any denomination, and the merchants
or persons connected with or dependant upon the high contracting parties,
in each other's dominions mutually, shall receive the same aid and support
and the same respect which is received by the subjects of the most
favoured nations.
Article 2.
As it is necessary, for the purpose of attending to the affairs of the
merchants of the two parties respectively, that from both governments •
commercial Agents should be appointed to reside in stated places, it is
therefore arranged that two commercial Agents on the part of the British
Government shall reside, one in the capital and one in Tabreez, and in
those places only, and on this condition, that he who shall reside at
Tabreez, and he alone, shall be honoured with the privileges of Consul
General; and as for a series of years a Resident of the British Govern-
ment has resided at Bushire, the Persian government grants permis-
sion that the said Resident shall reside there as heretofore ; and in like
manner two commercial Agents shall reside on the part of the Persian
government, one in the capital London, and one in the port of Bombay,
and shall enjoy the same rank and privileges which the commercial Agents
of the British Government shall enjoy in Persia.
VOL. VII. t
138 TREATIES, ENGAGEMENTS, AND SUNNUDS.
TERSIA. This commercial Treaty we, the plenipotentiaries of the high con-
No*. XXXI tracting parties, have agreed to, and in witness thereof have set there-
& XXXII. unto our hands and seals, at the capital city of Teheran, this* twenty-eighth
day of October, in the year of our Lord one thousand eight hundred and
forty-one, corresponding to the twelfth day of the month Ramzan, in
the year of the Hegira 1257.
(Signed) John McNeill.
Sealed by Mieza Abul Hossein Khan,
Minister for Foreign Affairs.
No. XXXII.
Tbanslation of a Firman relating to bankruptcies, issued by the Persian govern-
ment for the protection of British merchants at the instance of Colonel
Sheil, Her Majesty's Charge d'Affaires at Teheran, dated Jummadee-ool-Awul
1260 Hegira,. corresponding with May and June 1844.
This, that the high in rank (with other usual titles) Hossein Khan,
Adjutant Bashee, Governor of the province of Yezd, honoured and exalted
by the increasing favor of His Majesty, may know that the ministers of
the British Government having, from a high sense of justice, certified
that, with reference to the property remaining with bankrupts and insol-
vents, to be proportionately distributed and divided among their creditors,
the subjects of the exalted Persian and British Governments, the de-
pendants of that government (British), shall not on this head receive
the slightest favour or distinction ; and having at the present time re-
quested, through the medium of their Charge d' Affaires, His Excellency
Colonel Sheil, that suitable regulations comprehended in certain Articles,
not incompatible with the religion of Islam, should be passed for the
protection of merchants, the dependants of the British Government,
from all kinds of deceptions, frauds, and evil designs on the part of the
insolvent and fraudulent bankrupt, and His Persian Majesty being ear-
nestly desirous that foreign nations and merchants, the subjects of other
States in the protected territories of the Shah in Shah, should be secured
from every evil design of the insolvent and fraudulent bankrupt, accord-
ingly these commercial regulations, which have been arranged between
TREATIES, ENGAGEMENTS, AND SUNNUDS. 139
the ministers of the Persian government and His Excellency Colonel PERSIA.
Sheil, the British Charge d' Affaires, and have received the auspicious No xxxil.
approval and approbation of His Majesty, are written and detailed for
the information of that high in rank, &c. (Hossein Khan) in the body
of this document.
Article 1.
All deeds of purchase and sale, bonds, &c, shall henceforth be
registered in the respectable (Dewan Khaneh) Courts of Equity in the
special dufturs (records), which are returned by the Governor of each
province, sealed with the Government Seal; in the said dufturs all
claims should, according to their respective dates and numbers, be entered.
The dates and numbers of the dufturs (entries) should also be inscribed
on the face of the agreement. The pages of the dufturs should be
numbered, and should contain no emendations or erasures.
Article 2.
Agreements which have been rendered valid by registry in the
large duftur should be again separately written in the Dewan Khaneh
in alphabetical order, together with the names of the contracting parties,
and a numerical list of the large dufturs be framed.
Article 3.
Should there exist in one spot two bonds in the shape of claims for
money, which have been duly registered in the Dewan Khaneh, that
whose entry in the Dewan Khaneh shall bear the older date shall be
first executed. This condition not to supersede those regulations rela-
tive to the proportional division of property which are to have effect at
the period of bankruptcy.
Article 4.
The registry of agreements is not essential, but bonds which, ac-
cording to regulation, have been rendered valid by registry in the De-
wan Khaneh, shall especially be held of greater validity over external
bonds (contracted independently), which shall not be executed until the
14,0 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA, execution of those bonds which have been duly registered in the
No XXXII Dewan Khaneh shall have taken place ; such independently contracted
bonds may be brought to and registered in the Dewan Khaneh
during the space of one year.
Article 5.
Whoever shall (desire to) sell or place in pledge his immoveable pro-
perty, shall give into the hands of the purchaser a deed of sale or (iS's^O
transfer ; should he not pay the money at the time agreed upon, he shall
cause it to be put up to sale, and the Dewan Khaneh, previous to regis-
tering and rendering valid such agreement of purchase or sale, shall
ascertain that its deed of sale or transfer has been delivered into the
hands of the purchaser, and that the said real estate has not been sold
nor given in pledge or security to some other person.
Article 6.
The payment of the money of a bond shall not be (considered)
proved until both creditor and debtor shall have attached their seals and
signatures to the bond that the whole of the money has been received ;
otherwise, at the time of emergency, it will be necessary to establish the
settlement of the debt by producing evidence and making affidavit.
Article 7.
On the death of a debtor, the creditors shall have the right of
claiming their money from the heirs of the deceased previous to the
maturity of the bond or promissory note, and the heirs to the property
of the deceased shall satisfy those claims.
Article 8.
Every trader and merchant who shall appear insolvent shall make
affidavit that he has not secreted any of his property, and shall estab-
lish (prove) his insolvency ; so, also, his partners and agents shall take
oath that they have not secreted any of his property.
treaties, engagements, and sunntjds. 141
Article 9. Persia.
Such bankrupt shall not be at liberty until he shall have afforded No. XXXII.
bail for his appearance, and the magistrate shall distrain the effects of
the bankrupt, and those of his children and women ; but in the event of
its being proved that he has become owner of such property subsequent
to his insolvency, whatever belonging to his relatives, and in which the
bankrupt has no concern whatever, which has reached them as inheri-
tance, or as the product of a separate trade or profession, or which has
passed away to the husbands as the dowries of the daughters, shall be
free from distraint.
Article 10.
If the bankruptcy has been caused by accidental fire or shipwreck,
proven, or by robbery by enemies, then in that case bail shall not be
required.
Article 11.
The punishment of the fraudulent bankrupt shall be the same as
that (laid down) for the thief and liar, and the authority to mitigate
punishment in certain exceptions shall rest with the king only. The
fraudulent bankrupt shall be imprisoned during the period of investiga-
tion, and shall not (be permitted) to hold communication with any one,
even his own governors. All his property shall be distrained, and he may
not a second time engage in trade, nor be (a Mabashir Kar) an agent in
business. Similar punishment shall be inflicted upon his accomplices, and
those persons who may have secreted his property.
Article 12.
Agreements entered into by an insolvent after his insolvency has
appeared and been proven shall be null and void ; and in like manner, all
deeds of gift drawn out after his insolvency shall be null and void.
Article 13.
The division of the property of a bankrupt among his creditors
shall take place after the lapse of four months. If the effects of the
bankrupt are of a kind (liable) to be speedily injured or destroyed, such
1 1:1 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA, as cattle, articles of food, &c., they shall, without delay, be turned into
N \\\il money« Merchandize which, after the publication of his insolvency,
may be sent to the bankrupt, shall be distrained in the Custom House
and sent to the Dewan Khaneh, and, in like manner, letters of whatever
kind to the address of the bankrupt, indicative of absence of the truth
of his insolvency, shall be taken to the Dewan Khaneh.
Aeticle 14,
The bankrupt not having satisfied all claims against him shall still
be considered a debtor. His creditors shall, of their own accord, allow
him time on account of the remainder of their claims, and in the interim
whatever he may obtain or become heir to shall be given up in payment
of his debts.
Article 15.
Should there be any discrepancy between the entry in the duftur
and the bond itself, and the Dewan Khaneh have erroneously made the
registry, it (the Dewan Khaneh) shall make good the debts of the
insolvent.
Article 16.
Those reckoned fraudulent bankrupts are of the following descrip-
tion : — 1st, those who cannot establish their insolvency nor give a
public account of the money and effects they have received from others ;
Znd, those who, whether secretly or openly, convey merchandize to
their homes ; 3rd, those who, aware of their insolvency, shall, after
the same having become apparent, make gifts with a view to securing
to themselves (lit. eating up) the property of their creditors; ^th,
those who shall again sell or give in pledge immoveable property already
sold to or in pledge with others ; §th, those who shall sell or give in
pledge religious endowments (*-a^ Jl-*).
Article 17.
His Majesty the king has abolished all places of asylum in the
homes of individuals, except in certain mosques and sanctified places,
such as the houses of well known (Oolumas) priests and the king's
TREATIES, ENGAGEMENTS, AND SUNNUDS. 143
palaces, which, from olden time, have been places of refuge ; and has PERSIA.
commanded that none of the subjects of this government (the Persian) No. XXXII.
shall admit into their houses delinquents, such as thieves, bankrupts, and
others. Whoever shall disobey these royal orders shall subject himself
to punishment.
Article 18.
Since, for the transaction of mercantile affairs a (Mullick-oo-Tijjar),
or Chief of merchants, is in every place necessary, accordingly the
ministers of the Persian government will appoint a Mullick-oo-Tijjar in
every place in Persia where extended commerce is carried on ; and more-
over, when the business of British merchants shall be transacted in the
Dewan Khaneh, it (the Dewan Khaneh) shall arrange and settle the
same in the presence of a delegate from the mission or consulate ; and
so, in like manner, the distraint of the property of a bankrupt or of the
effects of a deceased debtor, in cases connected with foreign subjects,
shall be made in the presence of a delegate from the British Authorities.
The British Agents shall demand (the amount of) the claims of (due to
the) bankrupts from his debtors, being natives of the country, in the
same manner as if the debtors were themselves subjects of the British
Government.
Reverting to Article 5, treating of immoveable property. In Persia
there are three descriptions of persons holding villages : 1st, the king ;
2nd, the landed proprietor (Malik) ; 3rd, the inhabitants. Should the
Malik (desire to) place his village in pledge, he shall, in order to obviate
discussion, first obtain the permission of the king's government and of
the inhabitants.
It is necessary that the high in rank before mentioned should make
known and publish the above-written details in the Dewan Khanehs of
the province of Yezd according to these instructions, and strictly warn
the authorities and executives of the Dewan Khanehs of the province
alluded to, to act up to the commands conveyed in this august docu-
ment, nor in any way swerve from or disobey them. Let them consider
the same their bounden duty.
Written in the month of Jemmadee-ool-Awul, in the year of the
Ilegira 1260.
1 1 I TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA. No. XXXIII.
No. XXXIII. Enqagemeht prohibiting the importation of African slaves into Persia by sea.
Libutbnant Colonel Farrant to Hajee Mirza Aghassee, June 12th, 1848.
With regard to the abolition of the traffic in negroes (slaves) by
sea, it is a long time since it was promised, and your Excellency recently
informed me yourself that the discussions on this subject were nearly
brought to a conclusion, and that, please God, it would be completed in
a few days ; but as yet it has not been finished.
If the Persian government had appreciated my representations on
this subject, the prohibition would ere this have been sanctioned ; but as
this has not been the case, I am now obliged to demand a clear and
decisive answer on this subject, as to whether the Persian government
will issue an order prohibiting the importation of negroes by sea
or not.
If it be the intention of the Persian government to issue this order,
I request to be made acquainted with it to-day ; and if it is not their
intention to do so, an immediate and explicit answer is necessary to enable
me to forward it for the information of my government, and that your
Excellency, after all your promises, should no longer evade giving me
a decided answer on this subject.
The British Government are very anxious to know the determination
of the Persian government, and I therefore request your Excellency will
be good enough to send me a positive answer, as my government will
not consent to any further delay on my part in this matter.
Translated by
(Signed) Joseph Reed.
Translation of an Autograph Note from His Majesty the Shah to Hajee Mirza
Aghassee, June 12th, 1848, Eejjeb 10th, 1261.
Your Excellency the Hajee, let them not bring any negroes by sea,
let them be brought by land. Purely for the sake of Farrant Sahib
(Lieutenant Colonel Farrant), with whom I am much pleased, I have
consented to this. On this subject write to the Governors of Fars.and
Arabia (Persian Arabia) .
TREATIES, ENGAGEMENTS, AND SUNNUDS. 145
Solely on account of the goodness of Farrant* I have consented, PERSIA,
otherwise some trifling discussions still exist between us and the English No. XXXIII.
Government.
Translated by
(Signed) Joseph Reed.
Hajee Mibza Aghassee to Lieutenant Colonel Faebant, 12th June 1848.
Translation.
Your communication regarding negroes has been received and its
contents fully understood.
With a view to the request made by you, my sincere and esteemed
friend, and solely on account of the sincere friendship and good feelings
I entertain towards you, I did not consider it proper to withhold or delay
the fulfilment of your desire, and exerted my endeavours to preserve the
existing friendship between the two exalted governments of Persia and
England by laying your request in detail at a most fortunate time before
His Majesty, &c, &c, the Shah; may his dominion and sovereignty be
everlasting !
An imperative order has been issued which evinces the exceedingly
great favour entertained towards you, my honoured friend, by His Majesty,
&c, &c, the Shah, which is evident will always increase. The importa-
tion of slaves by sea alone is forbidden, and imperative orders will be
issued to the Governors of Fars and Arabia that hereafter strict prohibi-
tion should be observed that no negroes should be either imported or
exported except by land.
This affair, in fulfilment of the request of that esteemed friend, has,
thank God, been concluded through the countless favour of His Majesty,
&c, &c, &c, the Shah, towards you, and by my exertions.
But the Persian ministers in equal proportion require that, by the
true friendship of the ministers of the British Government, when they
make a request it will also be acceded to.
Translated by
(Signed) Joseph Reed.
* Thus in the original.
VOL. VII. U
14<$ TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA. Translation of a Fibman issued by His Majesty the Shah to Hossein Khan,
Governor of Fars.
No. XXXIII.
To the high in rank, the pillar of nobility, &c, &c, Hossein Khan,
the Controller of State affairs and Governor of Fars, who has been exalted
and supported by the distinguished favours of His Majesty, &c., &cc.}
the Shah, be it known —
That it is a long time since a request for the abolition of the im-
portation of negroes by sea was made on the part of the ministers of
the British Government to the ministers and authorities of this kingdom,
but their request during this long period has not obtained an answer or
(our) consent.
But in consequence of the favour entertained by our august sover-
eign, &c, &c, towards the high in rank, the sincere well-wisher of the
State, the chosen among Christian nobles, &c, &c, Colonel Farrant,
Charge* d' Affaires of the English Government, on account of his
respectful conduct and manner of proceeding which have been made
manifest, and purely for the regard we entertain for him, we have accepted
and complied with his request, and we have ordained that hencefor-
ward that high in rank shall warn all merchants and persons passing to
and fro to discontinue to bring negroes by sea ; and that they shall not
export or import negroes except by land, which is by no means forbidden.
That high in rank will be held responsible for the fulfilment of the orders
contained in this communication.
Written in the month of Bejjeb 1264.
Translated by
(Signed) Joseph Reed.
Translation of a Firman issued by His Majesty the Shah to Mirza Nebbe
Khan, Governor of Ispahan and Persian Arabia.
To the high in rank, the superior of Generals, the esteemed of the
sovereign, Mirza Nebbee Khan, Chief of the Civil Law Court and
Governor of Ispahan and Arabia, who has been honoured by the favour of
the pure mind of the king of kings, be it known that at this time the
high in rank, the noble and exalted, possessed of dignity, the pillar of
TREATIES, ENGAGEMENTS, AND SUNNUDS. 147
Christian nobles, the cream of the great men of Christendom, the un- PERSIA.
doubted well-wisher of the State, Colonel Farrant, Charge d' Affaires of n0s. XXXIII
the exalted English Government, who enjoys the unbounded favour of & XXXIV.
His Majesty the Shah, whose resplendent mind is desirous to gratify him,
made a friendly request on the part of the ministers of that exalted
government from the ministers of His Majesty the Shah, &c., &c., that
with a view to preserve the existing friendship between the two exalted
States, a decree should be issued from the source of magnificence (the
Shah) that hereafter the importation of the negro tribes by sea should
be forbidden, and this traffic be abolished.
In consequence of this, it is ordered and ordained that that high in
rank after perusing this Firman, which is equal to a decree of fate, it will be
incumbent on him to issue positive and strict injunctions to the whole of
the dealers in slaves who trade by sea, that henceforth by sea alone the
importation and exportation of negroes into the Persian dominions is
entirely forbidden, but not by land. Not a single individual will be
permitted to bring negroes by sea without being subjected to severe
punishment.
That high in rank must in this matter give peremptory orders
throughout his government and not be remiss.
Written, in the month of Rejjeb 1264, June 1848.
No. XXXIV.
Convention concluded between Colonel Sheil and Ameek-e-Nizam for the
detention and search of Persian vessels by British and East India Company's
cruizers.
The Persian government agrees that the ships of war of the
British Government and of the East India Company shall, in order to
prevent the chance of negro slaves, male and female, being imported, be
permitted for the period of eleven years to search Persian merchant
vessels in the manner detailed in this document, with the exception of
Persian government vessels, not being vessels the property of merchants,
or the property of Persian subjects; with those government vessels
1-48 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA, there is to be no interference whatever. The Persian government agrees
No. XXXIV. tnat m n0 manner whatever shall any negro slaves be imported in the
vessels of the Persian government.
The Agreement is this —
First. — That in giving this permission to search mercantile ves-
sels and those of subjects, the search shall from the first to the last be
effected with the co-operation, intervention, and knowledge of Persian
officers, who are to be on board vessels of the English Government.
Second. — The merchant vessels shall not be detained longer than
is necessary to effect the search for slaves. If slaves should be found
in any of those vessels, the British Authorities are to take possession of
them, and to carry them away, without detaining or causing them (that
is, the people of the ship importing slaves) any other damage besides
that of depriving them of the slaves. The vessel itself in which the
slaves have been imported shall, by the co-operation and knowledge of
the officers of the Persian government, who are on board of the British
cruizers, be delivered to the authorities of the Persian ports, who are
there on the part of the Persian government ; and the authorities of this
(the Persian) government are to punish and fine, in a manner suitable to
the crime he has committed, the owner of that slaving vessel who has
acted in contravention of the commands of His Majesty the king of
Persia by importing slaves.
The British ships of war are not in any manner to interfere with the
Persian trading vessels without the co-operation of the Persian gov-
ernment officers ; but the Persian government officers must not on their
part be remiss in the duty committed to them.
This convention is to be in force for a period of eleven years, and
after these eleven years have expired, and the stipulated period has
elapsed, if the Persian vessels shall be interfered with for even a single
day beyond the eleven years, it will be opposed to the course of friend-
ship with the Persian government and to the maintenance of her
rights, and this government will make a demand for satisfaction.
If the slaves who have been heretofore in Persia, and are now there,
should, from the present date and henceforward, wish to proceed by sea
on a pilgrimage to Mecca, or to India, or travel by sea, they must, with
TREATIES, ENGAGEMENTS, AND SUNNTIDS. 149
the knowledge of the British Resident in Bushire, procure a passport PERSIA.
from the officer at the head of the Persian Passport Office in Bushire, Nos. XXXVI
and no exception shall hereafter be taken to any slave holding a passport. & XXXV.
The passport (regulation) obtained with the knowledge of the British
Resident at Bushire, is, like the other stipulations written above, to be
for a period of eleven years.
This agreement of the right of search, and the appointment of the
Persian government officers to be on board the British cruizers, will
come in force on the 1st of Rubbee-ool-Awul 1268 (January 1st, 1852).
From the date of this document to the above date there is no
right of search.
The Articles written in this document have from first to last been
agreed to by both parties, and confirmed by the ministers of both gov-
ernments, and nothing is to be done in contravention thereof.
Written in the month of Shuwal 1267, August 1851.
Done in duplicate, signed and
sealed by Mirza Tukee Khan,
Ameer-e-Nizam of the Persian
government. Date as above. Justin Sheil,
Her Britannic Majesty's Minister
Plenipotentiary and Envoy Extraor-
dinary at the Court of Persia.
No. XXXV.
Engagement of the Persian government regarding Herat.
Translation*
15th Kebbel-oo-Sanee 1269, (January 25th, 1853.)
The Persian government engages not to send troops on any account
to the territory of Herat, excepting when troops from without attack
that place, that is to say, troops from the direction of Cabool, or from
* This translation was made in 1857 from the original Persian, as some douht was
raised as to the correctness of the translation made in 1853,
150 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA. Candahar, or from other foreign territory ; and in case of troops being
No. XXXV. despatched under such circumstances, the Persian government binds itself
that they shall not enter the city of Herat, and that immediately on the
retreat of the foreign troops to their own country, the Persian force shall
forthwith return to the Persian soil without delay.
The Persian government also engages to abstain from all inter-
ference whatsoever in the internal affairs of Herat, likewise in (regard
to) occupation or taking possession, or assuming the sovereignty or
government, except that the same amount of interference which took
place between the two in the time of the late Zuheer-ood-Dowlah, Yar
Mahomed Khan, is to exist as formerly. The Persian government, there-
fore, engages to address a letter to Syed Mahomed Khan, acquainting
him with these conditions, and to forward it to him (by a person) accom-
panied by some one belonging to the English mission, who may be in
Meshed.
The Persian government also engages to relinquish all claim or pre-
tension to the coinage of money and to the f ' Khootbeh," or t o any other
mark whatever of subjection or of allegiance on the part of the people of
Herat to Persia. But if, as in the time of the late Kamran and in that
of the late Yar Mahomed Khan, they should, of their own accord, send
an offering in money and strike it in the Shah's name, Persia will receive
it without making any objection. This condition will also be imme-
diately communicated to Syed Mahomed Khan. They also engage to
recal Abbas Koolee Khan, Peeseean, after four months from the date of
his arrival, so that he may not reside there permanently ; and hereafter
no permanent agent will be placed in Herat, but intercourse will be
maintained as in the time of Yar Mahomed Khan. Neither will they
maintain a permanent agent on the part of Herat in Teheran. There
will be the same relations and privileges which existed in Kamran's
time, and in that of the late Yar Mahomed Khan. For instance, if at
any time it should be necessary for the punishment of the Toorkomans,
or in case of disturbance or rebellion in the Shah's dominions, that the
• Persian government should receive assistance from the Heratees, similar
to that afforded by the late Yar Mahomed Khan, they may, as formerly,
render assistance of their own accord and free will, but not of a per-
manent nature.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 151
The Persian government further engages, unconditionally and PERSIA.
without exception, to release and set free all the Chiefs of Herat who are ^o. XXXV.
in Meshed or in Teheran or in any other part of Persia, and not to
receive any offenders, prisoners, or suspected persons whatsoever from
Syed Mahomed Khan, with the exception of such persons as, having
been banished by Syed Mahomed Khan from Herat, may come here and
themselves desire to remain, or to enter the service. These will be treated
with kindness and favour as formerly. Distinct orders will be issued
immediately to the Prince Governor of Khorassan to carry out these
engagements.
The above six engagements on the part of the Persian govern-
ment are to be observed and to have effect ; and the Persian ministers,
notwithstanding the rights which they possess in Herat, solely out of
friendship, and to satisfy the English Government, have entered into
these engagements with the English Government so long as there is no
interference whatsoever on its part in the internal affairs of Herat and
its dependencies ; otherwise these engagements will be null and void, and
as if they never had existed or been written. And if any foreign (State),
either Afghan or other, should desire to interfere with or encroach upon
the territory of Herat or its dependencies, and the Persian ministers
should make the request, the British Government are not to be remiss in
restraining them and in giving their friendly advice, so that Herat may
remain in its own state of independence.
Seal and autograph of the Sadr Azim.
Translated by
(Signed) Ronald F. Thomson.
The Sadb Azim to Syed Mahomed Khan, Kuler of Herat.
Translation.
January 26th 1853.
The Persian ministers, from the time when they began to give aid
and assistance to you, my son, had no intention of taking possession or
252 TREATIES, ENGAGEMENTS, AND SUNNUDS.
TERSIA. assuming sovereignty over Herat ; nay, they were desirous that it should
Na XXXV. remain in a state of independence, and be preserved from the attacks and
invasions of foreigners. They had no views of acquisition on the Herat
soil, or of raising contributions from Herat or the people of Herat, and
these circumstances were made known to the Mufti (lately Political Agent
from the Governor of Herat to the Shah) when he was here. Now, when
their intentions have, thank God, been accomplished, it is necessary that
I should inform you, my son, of the Articles and engagements which the
(Persian) ministers have imposed upon themselves. They are to the fol-
lowing effect : —
That the Persian ministers never had, nor will ever have, any idea
of taking possession, assuming the sovereignty, or governing either
Herat or the Herat territory, or its people, and will not interfere in any
manner whatsoever in the internal affairs of Herat, so that they may be
independent in their country and their own affairs, without the inter-
ference of any one belonging either to this government or to the Afghans
of Cabool and Candahar, or other foreigners. They will not in any manner
agree that the Khootbeh (prayer in the Shah's name) should be recited in
the name of His Majesty (the Shah). "With regard to the coinage also,
solely to secure your independence, my son, they will never consent that
the current coin should be struck in the name of His Majesty (the Shah) .
But if, as in the times of the late Kamran and the late Yar Mahomed
Khan, you should desire to send a sum of money as an offering, and
that money should be struck in His Majesty's name, the Persian minis-
ters will not object to it and it will be received. If at any time it should
be necessary that the people of Herat should give assistance to Persia
in order to punish the Toorkomans, or when there is a disturbance or
rebellion in the Persian territory, they may of their own free will, as was
formerly done in the time of the late Yar Mahomed Khan, send assist-
ance in men, but not as a permanent force. Yes, that which His
Majesty the Shah considers imperative on him, on account of the
services rendered by the late Zuheer-ood-Dowlah is, that if any foreign
. troops, Afghan or other, should invade Herat, the ministers of this ever-
enduring State shall despatch troops to the aid of Heratees, to join the
Herat troops outside of the town of Herat, and when the foreign troops
have been expelled from the Herat soil, to return immediately to the
TREATIES, ENGAGEMENTS, AND SUNNUDS. 153
Persian territory. No doubt after you have become acquainted with the PERSIA,
real sentiments of the (Persian) ministers, you will act in conformity No. XXXV,
with them.
Translated by
(Signed) William Taylour Thomson.
Fibman of the Shah to Syed Mahomed Khan, ltuler of Herat.
Translation.
January 29th 1853.
Let the high in rank, &c, Zuheer-ood-Dowlah, Syed Mahomed
Khan, feel assured of our royal favour, and know that the engagement
given by the ministers of this government, with regard to Herat, and
to acquire independence for him, is as His Excellency the Sadr Azim
has written to him. No doubt he, Syed Mahomed Khan, will be made
acquainted with it, and will act in conformity with it. Let him know
that he enjoys the highest favour of our royal person, and represent his
prayers to us.
Translated by
(Signed) William Taylour Thomson.
Lieutenant Colonel Sheil to Syed Mahomed Khan, Ruler of Herat.
Your Excellency has no doubt heard of the anxiety testified many
years ago by the government of Her Majesty the Queen of Great
Britain for the maintenance of the independence of Herat. Although
circumstances have withdrawn Her Majesty's government of late from
any direct connection with Afghanistan, they have not ceased to take a
warm interest in the welfare and prosperity of Herat, and in the pre-
servation of its independence under Afghan rule. They have watched
with solicitude during the last year and a half, since your Excellency's
accession to the government of that country, the progress of events in
VOL. VII. w
154 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA. Herat, and the issue has been that they have felt themselves called on to
No. XXXV. require an explanation from the Persian ministers for their share in
certain proceedings connected with your Excellency's territory, and to
claim from them assurances for the maintenance of that territory inde-
pendent of Persian rule. The discussions which followed terminated
in certain engagements concluded by this government, and which I
deem it my duty to bring to the knowledge of your Excellency. They
are contained in the three enclosed papers which are copies of the origi-
nals, consisting of a document sealed by the Prime Minister of Persia,
a letter from the Prime Minister to your Excellency, and a Firman from
the Shah to your address, ratifying the engagements of the Sadr Azim.
These documents sufficiently explain the views of Great Britain,
which, briefly stated, are a determination that Herat shall remain in
Afghan hands and in independence.
I sincerely trust that the time has arrived when you will cease to
require aid from the government of this country, and that hencefor-
ward your Excellency will be able alone to maintain the integrity of your
country. Your Excellency may be assured that the ruler who seeks
foreign aid loses the respect and the loyalty of his subjects, and that
there is only one termination to repeated applications for foreign succour.
The good- will of your subjects is your surest safeguard. By upright, just,
and impartial government, by cultivating Afghan national feeling, there
can be no doubt of your ability to maintain your position against all
intruders, in the same manner that your Excellency's father, the late
Yar Mahomed Khan, accomplished with such brilliant success.
My messenger, who will deliver this communication, will await your
Excellency's convenience to return with an answer in acknowledgment
of its receipt.
Translated into Persian by
(Signed) William Taylour Thomson.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 155
No. XXXVI. PERSIA.
Treaty of Peace between Heb Majesty the Queen of the United Kingdom No. XXXVI.
of Great Britain and Ireland and His Majesty the Shah of Persia.
Signed, in the English and Persian languages, at Paris, March Mh, 1857.
[Ratifications exchanged at Bagdad, May 2nd, 1857.]
In the name of God, the Almighty, the All-Merciful.
Her Majesty the Queen of the United Kingdom of Great Britain
and Ireland, and His Majesty, whose standard is the Sun, the sacred,
the august, the great monarch, the absolute king of kings of all the
States of Persia, being both equally and sincerely animated by a de-
sire to put a stop to the evils of a war, which is contrary to their
friendly wishes and dispositions, and to re-establish on a solid basis the
relations of amity which had so long existed between the two exalted
States by means of a peace calculated for their mutual advantage and
benefit, have appointed as their plenipotentiaries for carrying into
effect this desired object the following, that is to say : —
Her Majesty the Queen of the United Kingdom of Great Britain
and Ireland, the Right Honourable Henry Richard Charles, Baron
Cowley, a Peer of the United Kingdom, a Member of Her Majesty's
Most Honourable Privy Council, Knight Grand Cross of the Most
Honourable Order of the Bath, Her Majesty's ambassador extraor-
dinary and plenipotentiary to His Majesty the Emperor of the French,
&c., &c, &c.
And His Majesty the Shah of Persia, His Excellency the abode
of greatness, the favourite of the king, Ferokh Khan, Ameen-ool-
Moolk, the great ambassador of the mighty State of Persia, the
possessor of the royal portrait and of the blue cordon, the bearer
of the diamond-studded girdle, &c, &c, &c.
Who, having exhibited and exchanged their full powers, and found
them to be in due form, have agreed upon and concluded the following
Articles : —
Article 1.
From the day of the exchange of the ratifications of the present
Treaty there shall be perpetual peace and friendship between Her
15G TREATIES, ENGAGEMENTS, AND SUNNUDS.
Persia. Majesty the Queen of tin1 (Tufted Kingdom of Great Britain and
No. XXXVI. Ireland on the one part and His Majesty the Shah of Persia on
the other, as likewise between their respective successors, dominions,
and subjects.
Article 2.
Peace being happily concluded between their said Majesties, it is
hereby agreed that the forces of Her Majesty the Queen shall evacuate
the Persian territory, subject to conditions and stipulations hereafter
specified.
Article 3.
The high contracting parties stipulate that all prisoners taken
during the war by either belligerent shall be immediately liberated.
Article 4.
His Majesty the Shah of Persia engages, immediately on the ex-
change of the ratifications of this Treaty, to publish a full and com-
plete amnesty, absolving all Persian subjects who may have in any
way been compromised by their intercourse with the British forces
during the war from any responsibility for their conduct in that res-
pect, so that no persons, of whatever degree, shall be exposed to vexa-
tion, persecution, or punishment on that account.
Article 5.
His Majesty the Shah of Persia engages further to take imme-
diate measures for withdrawing from the territory and city of Herat,
and from every other part of Afghanistan, the Persian troops and
authorities now stationed therein; such withdrawal to be effected
within three months from the date of the exchange of the ratifica-
tions of this Treaty.
Article 6.
His Majesty the Shah of Persia agrees to relinquish all claims
to sovereignty over the territory and city of Herat and the countries of
Afghanistan, and never to demand from the Chiefs of Herat, or of the
TREATIES, ENGAGEMENTS, AND SUNNUDS. 157
countries of Afghanistan, any marks of obedience, such as the coinage, PERSIA.
or " Khootbeh," or tribute. No. XXXVI.
His Majesty further engages to abstain hereafter from all inter-
ference with the internal affairs of Afghanistan. His Majesty pro-
mises to recognize the independence of Herat and of the whole of
Afghanistan, and never to attempt to interfere with the independence
of those States.
In case of differences arising between the government of Persia
and the countries of Herat and Afghanistan, the Persian govern-
ment engages to refer them for adjustment to the friendly offices
of the British Government, and not to take up arms unless those
friendly offices fail of effect.
The British Government, on their part, engage at all times to
exert their influence with the States of Afghanistan, to prevent
any cause of umbrage being given by them, or by any of them, to
the Persian government; and the British Government, when appealed
to by the Persian government, in the event of difficulties arising,
will use their best endeavours to compose such differences in a manner
just and honourable to Persia.
Article 7.
In case of any violation of the Persian frontier by any of the
States referred to above, the Persian government shall have the
right, if due satisfaction is not given, to undertake military operations
for the repression and punishment of the aggressors ; but it is distinctly
understood and agreed to that any military force of the Shah which
may cross the frontier for the above mentioned purpose shall retire
within its own territory as soon as its object is accomplished, and
that the exercise of the above-mentioned right is not to be made a
pretext for the permanent occupation by Persia, or for the annex-
ation to the Persian dominions, of any town or portion of the said
States.
Article 8.
The Persian government engages to set at liberty without ransom,
immediately after the exchange of the ratifications of this Treaty, all
158 TREATIES, ENGAGEMENTS, AND SIINNUDS.
PERSIA, prisoners taken during the operations of the Persian troops in Afghan-
r» xxxvi '>t;m- and ;l" At^-liaiis who may be detained either as hostages or as
captives on political grounds in any part of the Persian dominions shall,
in like manner, be set free ; provided that the Afghans, on their part,
set at liberty, without ransom, the Persian prisoners and captives who
are in the power of the Afghans.
Commissioners on the part of the two contracting powers shall, if
necessary, be named to carry out the provisions of this Article,
Article 9.
The high contracting parties engage that, in the establishment
and recognition of Consuls-General, Consuls, Vice-Consuls, and Consular
Agents, each shall be placed in the dominions of the other on the footing
of the most favoured nation ; and that the treatment of their respective
subjects and their trade shall also, in every respect, be placed on the
footing of the treatment of the subjects and commerce of the most
favoured nation.
Article 10.
Immediately after the ratifications of this Treaty have been ex-
changed, the British mission shall return to Teheran, when the Persian
government agrees to receive it with the apologies and ceremonies speci-
fied in the separate note signed this day by the plenipotentiaries of the
high contracting parties.
Article 11.
The Persian government engages, within three months after the
return of the British mission to Teheran, to appoint a Commissioner, who,
in conjunction with a Commissioner to be appointed by the British Gov-
ernment, shall examine into and decide upon the pecuniary claims of all
British subjects upon the government of Persia, and shall pay such of
those claims as may be pronounced just, either in one sum or by instal-
ments, within a period not exceeding one year from the date of the award
of the Commissioners, and the same Commissioners shall examine into and
TREATIES, ENGAGEMENTS, AND SUNNUDS. 159
decide upon the claims on the Persian government of all Persian subjects, PERSIA.
or the subjects of other powers, who, up to the period of the departure No. XXXVI.
of the British mission from Teheran, were under British protection, which
they have not since renounced.
Article 12.
Saving- the provisions in the latter part of the preceding Article,
the British Government will renounce the right of protecting hereafter
any Persian subject not actually in the employment of the British mis-
sion, or of British Consuls- General, Consuls, Vice-Consuls, or Consular
Agents, provided that no such right is accorded to or exercised by any
other foreign powers ; but in this, as in all other respects, the British
Government requires, and the Persian government engages, that the
same privileges and immunities shall in Persia be conferred upon and
shall be enjoyed by the British Government, its servants and its sub-
jects, and that the same respect and consideration shall be shown for
them, and shall be enjoyed by them, as are conferred upon and enjoyed
by and shown to the most favoured foreign government, its servants
and its subjects.
♦
Article 13.
The high contracting parties hereby renew the agreement entered
into by them in the month of August 1851 (Shawal 1267) for the sup-
pression of the slave trade in the Persian Gulf, and engage further
that the said agreement shall continue in force after the date at which
it expires, that is, after the month of August 1862, for the further space
of ten years, and for so long afterwards as neither of the high contract-
ing parties shall, by a formal declaration, annul it ; such declaration
not to take effect until one year after it is made.
Article 14.
Immediately on the exchange of the ratifications of this Treaty,
the British troops will desist from all acts of hostility against Persia,
and the British Government engages further that, as soon as the sti-
pulations in regard to the evacuation by the Persian troops of Herat
160 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PEKSIA. and the Afghan territories, as well as in regard to the reception of
No. xxxvi. tll(' British mission at Ifehersn, shall have been carried into full effect,
the British troops shall, without delay, he withdrawn from all ports,
places, and islands belonging to Persia; but the British Government
engages that, during this interval, nothing shall be designedly done by
the Commander of the British troops to weaken the allegiance of the
Persian subjects towards the Shah, which allegiance it is, on the con-
trary, their earnest desire to confirm ; and further, the British Govern-
ment engages that, as far as possible, the subjects of Persia shall be
secured against inconvenience from the presence of the British troops,
and that all supplies which may be required for the use of those troops,
and which the Persian government engages to direct its authorities to
assist them in procuring, shall be paid for, at the fair market-price, by
the British Commissariat immediately on delivery.
Article 15.
The present Treaty shall be ratified, and the ratifications exchanged
at Bagdad in the space of three months, or sooner, if possible.
In witness whereof the respective plenipotentiaries have signed the
same, and have affixed thereto the seal of their arms.
Bone at Paris, in quadruplicate, this fourth day of the month of
March, in the year of our Lord one thousand eight hundred and ffly-
seven.
(Signed) Cowley.
Ferokh (in Persian.)
Separate Note referred to in Article X. of the foregoing Treaty.
(Signed in the English and Persian languages.)
The undersigned, Her Britannic Majesty's ambassador extraor-
dinary and plenipotentiary to the emperor of the French, and His Per-
sian Majesty's ambassador extraordinary and plenipotentiary to His
said Imperial Majesty, being duly authorized by their respective gov-
ernments, hereby agree that the following ceremonial shall take place for
the re-establishment of diplomatic and friendly relations between the
TREATIES, ENGAGEMENTS, AND SUNNUDS. 161
Courts of Great Britain and Persia. This agreement to have the same PERSIA,
force and value as if inserted in the Treaty of peace concluded this day ^o. XXXVL
between the undersigned : —
The Sadr Azim shall write, in the Shah's name, a letter to
Mr. Murray, expressing his regret at having uttered and given currency
to the offensive imputations upon the honour of Her Majesty's Minister,
requesting to withdraw his own letter of the 19th of November, and the
two letters of the Minister for Foreign Affairs of the 26th of November,
one of which contains a rescript from the Shah, respecting the imputation
upon Mr. Murray, and declaring, in the same letter, that no such further
rescript from the Shah as that inclosed herewith in copy was communi-
cated, directly or indirectly, to any of the foreign missions at Teheran.
A copy of this letter shall be communicated officially by the Sadr
Azim to each of the foreign missions at Teheran, and the substance of
it shall be made public in that capital.
The original letter shall be conveyed to Mr. Murray at Bagdad by
the hands of some high Persian officer, and shall be accompanied by an
invitation to Mr. Murray, in the Shah's name, to return with the mis-
sion to Teheran, on His Majesty's assurance that he will be received with
all the honours and consideration due to the representative of the
British Government ; another person of suitable rank being sent to con-
duct him as Mehmandar on his journey through Persia.
Mr. Murray, on approaching the capital, shall be received by per-
sons of high rank deputed to escort him to his residence in the town.
Immediately on his arrival there, the Sadr Azim shall go in State to the
British mission, and renew friendly relations with Mr. Murray, leaving
the Secretary of State for Foreign Affairs to accompany him to the
royal palace, the Sadr Azim receiving Mr. Murray and conducting him
to the presence of the Shah.
The Sadr Azim shall visit the mission at noon on the following
day, which visit Mr. Murray will return, at latest, on the following day
before noon.
Bone at Paris, this fourth day of the month of March, in the year
one thousand eight hundred and ffty-seven.
(Signed) Cowley.
Ferokh (in Persian).
VOL. VII. x
1G2 TllEATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA. Annex to the preceding Note.
No. XXXVL
The Shah to the Sadr Azim, December 1855.
Translation.
Last night we read the paper written by the English Minister
Plenipotentiary, and were much surprised at the rude, unmeaning-, dis-
gusting, and insolent tone and purport. The letter which he before
• wrote was also impertinent. We have also heard that in his own house
he is constantly speaking disrespectfully of us and of you, but we never
believed ; now, however, he has introduced it in an official letter. We
are therefore convinced that this man, Mr. Murray, is stupid, ignorant,
and insane, who has the audacity and impudence to insult even kings !
From the time of Shah Sultan Hossein (when Persia was in its most
disorganised state, and during the last fourteen years of his life, when
by serious illness he was incapacitated for business) up to the present
time, no disrespect towards the sovereign has been tolerated, either from
the government or its Agent. What has happened now that this
foolish Minister Plenipotentiary acts with such temerity ? It appears
that our friendly missions are not acquainted with the wording of that
document ; give it now to Mirza Abbas and Mirza Malcum, that they
may take and duly explain it to the French Minister and Hyder Effendi,
that they may see how improperly he has written. Since last night till
now our time has been passed in vexation. We now command you, in
order that you may yourself know, and also acquaint the missions, that
until the Queen of England herself makes us a suitable apology for the
insolence of her envoy, we will never receive back this her foolish Minis-
ter, who is a simpleton, nor accept from her government any other
Minister.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 163
NO. XXXVII. PERSIA.
Engagement entered into by the Persian Minister for Foreign Affairs for the N°, XXXVII
construction of a line of Telegraph from Khanakeen to Bushire.
Article 1.
The Persian government considers it necessary to construct a
line of Telegraph without delay from Khanakeen to the capital, Teheran,
and from Teheran to the port of Bushire ; and they agree that, whenever
the English government may require to communicate by the said Tele-
graph, they are to be at liberty to do so through the Persian Telegraph
officers in the way they may desire, paying for the same at rates to be
specified hereafter.
Article 2.
The Persian government will assign a sum sufficient for the
construction of this Telegraph, and for the purchase of such materials as
are not procurable in Persia, or can be better obtained in Europe.
Article 3.
The Persian government engages to purchase from the English
government all the materials which are better procurable in Europe, and
the English government agrees to supply such materials at moderate
prices.
Article 4-.
In order that the said line of Telegraph may be well constructed
and officially worked, the Persian government agrees to place it under
the superintendence of an English Engineer Officer, who is to be paid by
the English government, and they further agree to fix a period during
which instruction may be given and the line may be brought into good
working order; and His Royal Highness the Itizad-oo-Sultaneh, the
Minister of Public Instruction, and His Excellency the Amin-ed-Dowleh
will have cognizance of the aforesaid officer's proceedings.
164> TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIA. Article 5.
No. XXXVII. The said officer will be fully empowered to call upon the Persian
authorities to supply any materials he may consider requisite for this
work, and the Persian authorities will make no alteration in his requisi-
tions unless it should be impossible to obtain the thing required. But a
Persian officer will accompany him everywhere, so that he may be
informed of what is done, and of the prices of the materials ; and the
accounts will be audited by the above-mentioned Prince and by the
Amin-ed-Dowleh every three months, when a report will be drawn up
and printed in the Teheran Gazette.
Article 6.
In order to increase the friendship between the two governments,
and to promote the above undertaking, the English government engages
to purchase in England, at reasonable rates, with the approval of the
Persian Minister Plenipotentiary, the materials required for this work,
and to convey them to the Persian frontier, and to receive from the
Persian government the price paid for the above articles by five instal-
ments in five years after they are delivered on the frontier of Persia.
(In the handwriting of the Persian Minister for Foreign Affairs.)
The Persian government accepts this engagement. If the English
government desires it, the construction of the line of Telegraph will be
commenced in conformity with the above stipulation.
Approved and accepted by Her Majesty's government on 6th
February 1863.
HERAT.
When the Dourani empire created by Ahmed Shah Abdali was
lost by his grandsons and parcelled out among the Barukzye brothers,
Shah Kamran managed to maintain a precarious footing at Herat. He
was the son of Mahmood, and, therefore, nephew of Zeman Shah, Shah
Suja-ool-moolk, and Feroze-ood-deen, and the last remaining representa-
tive of the Suddozye princes in Afghanistan. Herat was all that
remained to him of the empire of his family. Dost Mahomed was
supreme at Cabool and Ghuzni ; his half-brother Kohundil Khan ruled
conjointly with his brothers in virtual independence at Candahar, while
other districts had fallen to other sons of Poinda Khan, Barukzye.
Kamran was a man of evil passions, cruel, and dissipated, and was
entirely ruled by his minister Yar Mahomed Khan Alakozye, a man able
but more infamous than himself, who had risen to eminence by the
murder of the other Chiefs.
On 23rd November 1837, Mahomed Shah, king of Persia, laid
siege to Herat in pursuance of his ambitious policy* for the re-conquest
of Afghanistan. It was on this occasion that Herat sustained the
memorable ten months' siege, and all the efforts of the Persian king to
capture it, aided by the advice and direction of Russian officers, were
defeated. To check these aggressive measures on the part of Persia and
Russia, the British Government in India determinedf to interpose a
friendly power in Afghanistan between their frontier and Persia by
re-establishing the Suddozye dynasty at Cabool in the person of Shah
Suja, and maintaining the independence of Herat as a separate State.
The tripartite Treaty between the British Government, Runjeet Sing,
and Shah Suja contained a clause guaranteeing the integrity of Herat,
and on the entry of the British troops into Afghanistan, Eldred Pot-
tinger, through whose military talents and energy the efforts of the king
of Persia to take Herat had been defeated, was appointed Political Agent.
* See above, page 97. + See Vol. II., page 426.
1GG TREATIES, ENGAGEMENTS, AND SUNNUDS.
HERAT. Yar Mahomed, however, chafed under the restrictions which the British
mission placed on his tyranny, more particularly on his traffic in slaves.
He made secret overtures to Persia and to the Candahar Sirdars, who had
taken refuge in Persia, for a league to expel Shah Suja and the British
from Cabool. Another Agent, Major D'Arcy Todd, was sent to Herat
in ] 839, under instructions from the envoy at Cabool to negotiate an
alliance with Shah Kamran. On 9th June 1839 Articles (No. XXXVIII.)
were given to Yar Mahomed, acknowledging him as minister of Herat
and the channel of all communications with Shah Kamran; and on 30th
August, a Treaty (No. XXXIX.) of perpetual peace and friendship was
concluded, the terms of which were that the British Government should
abstain from interference in the internal administration of Herat, and
assist the Shah with money and officers against all foreign encroach-
ment ; and that the Shah should prohibit the sale of his subjects into
slavery ; should refrain from entering into hostilities or political cor-
respondence with any foreign power except with the consent of the
British Government, to whose arbitration all disputes with Shah Suja
were to be referred ; should employ no Europeans except subjects of Great
Britain ; and should facilitate trade.
Within a few weeks after the Treaty was signed, Yar Mahomed was
detected in renewed intrigues, offering to put Herat under the protection
of Persia and urging the Shah to join in a league for the expulsion of
the English from Afghanistan. His insolent treatment of the mission
compelled Major Todd to withdraw and to suspend the subsidy of
Rupees 25,000 a month which was paid to Herat. The envoy at Cabool
earnestly urged the advance of a force to punish the vizier for his
treachery, but this did not meet Lord Auckland's views, who disavowed
Major Todd's proceedings. Shortly afterwards those disasters occurred
at Cabool which ended in the evacuation of Afghanistan. No sooner
was Yar Mahomed relieved of all apprehension of the interference of the
British Government, than he strangled his sovereign Shah Kamran,
usurped the government of Herat, and professed himself a dependant of
Persia. This was in 1842.
The policy of Yar Mahomed was to maintain himself in real inde-
pendence, while soothing the Shah of Persia by empty acknowledgments
of allegiance. On his death in 1851 his son Syud Mahomed Khan
TREATIES, ENGAGEMENTS, AND SUNNUDS. 167
succeeded him. This Chief was deposed in 1855 by Mahomed Yusoof, HERAT,
grandson of Feroze and grandnephew of Shah Zeman, Shah Suja, and
Shah Mahmood, in whose person the Suddozye family was once more
restored in Herat. At this time Dost Mahomed, the Ameer of Cabool,
having quarrelled with his brothers, took possession of Khelat-i-Ghilzie,
and soon afterwards, on 6th January 1856, possessed himself of Candahar
His ambition, however, was directed to the reduction of Herat, which he
always considered to be an integral part of the Afghan dominions.
Dreading the advance of Dost Mahomed, the new ruler Mahomed Yusoof
threw himself on the support of Persia, declared himself to be a vassal
of the Shah, and offered to issue coin and have prayers read in the Shah's
name.
On the advance of the Persian army, whose assistance he had invited,
Mahomed Yusoof, being now threatened both from east and west with
the loss of his independence, hoisted the British flag at Herat and
declared himself a subject of the British Government. This proceeding
was repudiated by Lord Canning in the name of the Queen's govern-
ment as a presumptuous and dishonest act. Mahomed Yusoof was soon
after deposed by a faction in Herat headed by Isa Khan, and sent a pri-
soner to the Persian camp. The aggression of Persia on Herat, coupled
with the insults which had been offered to the British mission at Teheran,
led to the declaration of war between England and Persia in 1856.
Measures were immediately taken'35' to subsidize Dost Mahomed and to
encourage him to advance against the Persians. Assistance in money
was also sent to Isa Khan at Herat, but before it reached him he had
been compelled to surrender to the Persians, who took possession of the
city on 25th October 1856 and created him vizier of the province on
behalf of the Shah. He was murdered within a few weeks by a party
of Persian soldiers.
By the Treaty of Paris concluded between England and Persia on
4-th March 1857, the Persians were required to evacuate Herat. Before
they withdrew they installed Sultan Ahmed Khan, better known by the
name of Sultan Jan, as ruler of Herat, and the British Government did
not refuse to recognize him as de facto ruler. This Chief was a nephew
* bee Vol. II., page 431. *
168 TREATIES, ENGAGEMENTS, AND SUNNUDS.
HERAT, and son-in-law of Dost Mahomed. On the occupation of Candahar
No.XXXVIII. by the Ameer, he had fled to Persia, where he was well received. He was
supposed to be unfriendly to the British Government, and although
relieved of the presence of a Persian army, he observed all the outward
forms of dependence on the Shah. In consequence of a quarrel with
Mahomed Shureef Khan, the Governor of Furrah, one of Dost Maho-
med's sons, Sultan Jan made an expedition against Furrah, which
surrendered to him on 30th March 1862. The Ameer of Cabool imme-
diately collected his forces to resent this aggression. He retook Furrah
on 29th June, and on 28th of July laid siege to Herat. After a siege of
ten months, during which Sultan Jan died, the Ameer took Herat by
storm on 27th May 1863. He died eleven days afterwards, and was
succeeded in the government of Cabool by his son Sher Ali Khan, who
placed his own son Mahomed Yakoob Khan in charge of the captured
city. Herat has thus been again annexed to the Afghan dominions.
No. XXXVIII.
Tbanslation of a Memorandum of certain wishes and expectations of Viziee Yab
Mahomed Khan agreed to at Candahar, on the 9th of June 1839, between
Majoe Todd, with the sanction of the envoy and minister at the Court of His
Majesty Shah Suja-ool-moolk, on the part of the Eight Honourable the
Govebnob Genebal, and Nujeeb Oollah Khan, envoy from Herat, on the
part of Vizieb Yab Mahomed Khan.
Article 1.
That the high in rank, &c, Yar Mahomed Khan, vizier of His
Majesty Shah Kamran of Herat, shall henceforth be recognized as the
vakeel or medium of communication between the British and Herat
atithorities, and whoever shall disregard the vizier's authority in this
respect shall be considered as having acted contrary to the laws of
friendship and the Treaty of amity.
treaties, engagements, and sunnuds. 169
Article 8.
HERAT.
Whatever sums may be expended at Herat by the British Govern- N0.XXXVIII.
ment in restoring the prosperity of the country or for other purposes
shall be paid in the first instance to the vizier Yar Mahomed Khan, who
engages not to disburse the sum except in the presence, or with the
consent and advice, of the British Political Officer at Herat.
Article 3.
The vizier engages not to act in any matter contrary to the wishes
and advice of the British Political Officer at Herat, and will be guided
in all that concerns the welfare of the two States by the counsel of the
above-mentioned officer ; and should the British Agent interfere in the
affairs of Herat without the knowledge and consent of the vizier, he shall
be considered as endeavouring to disturb the friendship between the two
States.
Article 4.
That the British Agent at Herat shall not, without the consent of
the vizier, entertain as servants a greater number than one hundred of the
people of Afghanistan, and of these hundred persons there shall be none
of the vizier's relations, unless permission to entertain them be obtained
from Yar Mahomed.
Article 5.
As the government of Herat is vested in the person and descendants
of Shah Kamran, so is the office of vizier recognized in the person and
descendants [of Yar Mahomed Khan as long as they shall be worthy of
the trust; and, in the event of their being unfit for the office, a subsistence
shall be provided for them by the British Government to place them
above want and distress.
Sealed by-
Major E. D'A. Todd
and Nujeeb Oollah
Khan.
VOL, VII.
170* TREATIES, ENGAGEMENTS, AND SUNNUDS.
HERAT. No.* XXXIX.
N XXXIX Tktmty of friendship and alliance between the Honourable East IndtA Company
and His Majesty Shah Kamran of Herat, concluded on the thirteenth,
day of August 1839, corresponding with the second day of Jemmadee-oos-sani
1255 a. H., by Major E. D'Arcy Todd, envoy from the Governor General
of India on the one part, and His Majesty Shah Kamran for himself, his
heirs and successors, on the other.
Article 1. ...
There shall be perpetual peace and friendship between the British.
Government and His Majesty Shah Kamran, his heirs and successors.
Article 2.
The British Government recognises the government of Herat, as:
at present constituted, as being vested in His Majesty Shah Kamran,
his heirs and successors, and the British Government engages not to
interfere in any way with the internal administration of His Majesty's,
dominions.
Article 3.
With a view to strengthen and perpetuate the concord subsisting
between the British Government and Shah Kamran, an accredited
British Agent shall always reside at the Court of His Majesty ; in like
manner, should His Majesty see fit, he will depute an accredited Agent
to reside at the Durbar of the Governor General.
Article 4.
The British Government undertakes to provide His Majesty Shah
Kamran with loans of money, with officers, and with all other means
that may be found necessary for the protection of His Majesty's person
and country, and to assist in the defence of His Majesty's rights and
interests against all foreign encroachment to the utmost of its ability.
TREATIES, ENGAGEMENTS, AND SUNNUD3'. 171
•Article 5. ■ HERAT.
"With a view to enable the British Government efficiently to fulfil No. XXXIX.
the obligation contained in the preceding* Article, and to obviate all
just ground of complaint on the part of other powers, His Majesty Shah
Kamran agrees to prohibit for ever the practice of kidnapping or seizing
human beings for the purpose of selling them into slavery by any of
His Majesty's subjects ; and should there be any persons now in a state
of bondage within the limits of His Majesty's authority, who may have
been enslaved in the manner above mentioned, His Majesty engages to
exert his utmost endeavours to procure the liberation of such persons.
Article 6. " ,
His Majesty Shah Kamran engages to co-operate with the British
Government and with His Majesty Shah Suja-ool-moolk to the utmost
of his ability in preserving the integrity of their respective dominions
against the encroachment of all foreign powers, but at the same time
His Majesty Shah Kamran binds himself to refrain from entering into
hostilities with any foreign power without the advice and consent of the
British Government and His Majesty Shah Suja-ool-moolk.
Article 7.
His Majesty Shah Kamran agrees on his part that, should any
dispute arise between himself and His Majesty Shah .Suja-ool-moolk
as to the boundaries of their respective territories or with regard to any
other matter, the said dispute shall be referred to the arbitration and
decision of the British Government, and the British Government further
undertakes to use its best endeavours for the accommodation of all sub-
sisting differences, or of such as may hereafter arise between His Majesty
Shah Kamran and other powers.
Article 8.
His Majesty Shah Kamran agrees to refrain from entering into
any correspondence with foreign powers without the knowledge and
consent of the British representative residing at his Court.
172 treaties, engagements, and sl.'nnuds.
iierat. Article 9.
No. XXXIX. In acknowledgment of the steady support and friendship of the
British Government, whose interests are identical with those of the
Afghan nation, His Majesty Shah Kamran will never take individuals
of any European nation (Ahli Furung) other than those belonging to
Great Britain (Inglees) into his service, nor will he permit such Europeans
to reside in his country.
Article 10.
His Majesty Shah Kamran will remove all unnecessary obstacles to
the freedom of commerce, and will adopt such arrangements for increas-
ing the facilities of traders as may appear to His Majesty, with the
counsel of the British representative at his Court, to be expedient.
Article 11.
The above ten Articles shall remain always in force so long as the
sovereignty of Herat is vested in the family of Shah Kamran.
Done and concluded at Herat the day and year above written,
(Signed) E. D'Arcy Todd,
Envoy to Iierat.
Eatiiied by the Governor General of India on 16th March 1840.
PART II.
TREATIES, ENGAGEMENTS, AND SUNNUDS
RELATING TO
TURKISH ARABIA AND THE PERSIAN GULF.
TURKISH ARABIA.
The relations of the British Government with the Pashas or temporary-
governors of Bagdad are regulated more by the requirements of Euro-
pean than of Indian diplomacy, and by the obligations recorded in the
Treaties between Great Britain and Turkey, which are beyond the
scope of this collection. But in connection with the early trade in the
Persian Gulf, direct intercourse was for many years maintained with the
governors of Turkish Arabia without much consideration of their re-
lation to Constantinople. In the year 1639 there seems to have been an
English factory at Bussora subordinate to the factory at Gombroon and
protected by firmans. In 1728 Mr. French, the Agent at Bussora, obtained
a firman conferring on the Agent power to try the servants of the factory
who were guilty of crime, and providing for the adjustment of claims on
the people of the country; and in 1731 he obtained another firman,
fixing three per cent, as the duty to be taken on English goods at the port
of Bussora. But the first firman on record is one granted in 1759
(No. XL.) by the Pasha. The factory at Bussora was never recognized
by the Sublime Porte till 1764, in which year the ambassador at Con-
stantinople, with much difficulty, obtained a Consulary Birat (No. XLI.)
as the only efficacious means of protecting English commerce and the
property of English subjects at Bussora.
In 1765 it was proposed permanently to appoint an Agent at
Bagdad, but the proposal was disapproved by the Court of Directors.
In 1783, however, a native Agent was appointed, and in 1798 a Resident,
174 TREATIES, ENGAGEMENTS, AND iUNNUDS.
TURKISH whose chief duty was to transmit intelligence overland between India
AKAB1A. an(j England, and to watch and report on the proceedings of the French
emissaries in connection with Napoleon's projected invasion of India by way
of Egypt and the lied Sea. In 1802, on the death of Soleiman Pasha,
who had governed Bagdad for twenty years, and the appointment of his
son-in-law Ali Pasha to succeed him, Lord Elgin, Her Majesty's Ambassa-
dor at Constantinople, took the opportunity to procure a Consulary Birat
(No. XLII.) for the Resident at Bagdad, whose appointment had till
then never been sanctioned by the Sultan.
On the rupture between England and Turkey in 1807, Soleiman
Pasha, who had succeeded to the government of Bagdad on the murder
of his uncle Ali Pasha, took the Residents at Bussora and Bagdad under
his protection and persuaded them not to withdraw from the country.
But after the conclusion of peace in 1809, he, for some reasons unknown,
committed himself to a series of indignities and insults towards the
Resident at Bagdad, which compelled the latter to withdraw. Friendly
intercourse was not renewed till, on the remonstrance of the Bombay
Government, the Pasha, on 25th January 1810, subscribed certain con-
ations (No. XLIII.) binding himself never to interfere in the affairs of
the Residency and to restore the former privileges of the Resident.
The Bagdad and Bussora Residencies were amalgamated in 1810 ;
and in 1812 the designation of Resident was changed to that of Political
Agent in Turkish Arabia. Two decrees were obtained from the Pasha in
1812, one (No. XLIV.) for preventing the desertion of sailors and
workmen from British ships at Bussora, and the other (No. XLV.) for
the restoration of natives of India carried off to Bussora as slaves.
Soleiman Pasha was deposed from office by order from Constantinople.
Refusing to obey, he was defeated in battle and slain on 5th October
1810. His successor Abdoola Pasha was put to death by the Montafik
Arabs in 1813, and Syud Beg was proclaimed Pasha. On receiving an
order from Constantinople deposing him from office, he rebelled, but was
defeated and put to death,, and succeeded in the government by Daood
Effendi. The conduct of this Pasha towards the Political Agent was so
insulting and overbearing, that it was impossible, to land goods at
Bussora, or to recover debts from native dealers, without an unseemly
quarrel. In 1821 he besieged the Residency. He afterwards removed
TREATIES, ENGAGEMENTS, AND SUNNUDS. 175
the restrictions on the movements of the Political Agent and permitted TURKISH-
him to withdraw from the country. The establishments at Bussora ARABIA,
were withdrawn. Friendly relations with the Pasha were broken off,
and not renewed till the Pasha agreed (No. XLVI.) to restore the former
tariff, to repay all he had levied in excess of it, and the value of all goods
injured or destroyed, and to treat future Agents of the British Govern-
ment and all travellers with respect.
On 12th June 1831 Daood Pasha was removed from office and
Hajee Reza Pasha was appointed in his stead. On his accession he
issued a Booyooroldi or order (No. XLVII.) confirming the privileges
enjoyed by British subjects. In 1834 a scheme was formed for overland
communication between India and England by the Persian Gulf and
Turkish Arabia. Two steamers were sent out from England to open the
route and navigate the Euphrates. A firman (No. XLVIII.) was granted
by the Sultan of Turkey for the protection of the steamers.
In 1835 the Political Agent in Turkish Arabia, who had hitherto
teen under the Bombay Government, was put directly under the control
of the Supreme Government. In 1841 consular powers were conferred
on the Agent by Her Majesty 's Government.
The measures which the British Government adopted for the sup-
pression of the slave trade in the Persian Gulf could not be made
effectual so long as the Turkish ports remained open to vessels engaged
in the traffic. In 1847, therefore, Her Majesty's Minister at Constanti-
nople obtained from the Sultan a firman (No. XLIX.) which was supple-
mented by vizierial instructions to Nejib Pasha, then governor of Bagdad.
These documents authorized the confiscation of Turkish vessels engaged
in slave traffic, the exclusion of Arab and Persian slavers from Turkish
ports in the Persian Gulf, and the delivery of liberated slaves to British
vessels to be carried back to their native country.
In October 1863 an engagement (No. L.) was made with the Sub-
lime Porte for the continuation of lines of telegraph from Bagdad to
Bussora and from Bagdad to Kanakeen, in order to meet the Indian
telegraph by way of the Persian Gulf and the line through Persia to
the Turkish frontier.
The present governor of Bagdad is Manick Pasha.
No. XL.
176 TREATIES, ENGAGEMENTS, AND SUNNUDS.
TURKISH No. XL.
ARABIA^ Tbanslate of Soleiman Pasha's general Firman.
To the chief of the Siads, Zous, and Freeholders, our Aga, the
Motusullim of Bussora, for the time being (whose state God increase),
be it known unto you that my commands are as follows : — In the city
of our great Sultan called Bussora, there is an English Balios, or chief
of the merchants, &c, his nation being in peace with our high Porte
(whose grandeur God continue everlastingly) ; therefore, there in his hands
the high and respectable capitulations of our lofty Porte, to which all
submission must be paid, and it behoves all men to obey the orders
therein contained. Therefore, in the manner that it is commanded and
ordered in said high capitulations, article by article, whether regarding
the customs and all things relative thereto, or whether regarding other
matters, or whether the respecting, favouring, assisting, and protecting
the said English Balios and his effects agreeable to the said high capi-
tulations, you must, as ordered by our Great Sultan, in all things conform
and pay obedience thereto, and you must not in any the least respect
depart from, or act contrary to, said respected capitulations ; and this our
Booyooroldi or order I send you for this purpose. When it arrives you
be it known unto you that it is by us directed that, conformable to the
said high capitulations, which are the commands of our great Sultan,
the English Balios you are to aid, assist, and protect, and in all other
respects you are to pay obedience thereto, and from the letter of the
said high capitulations you must not in any respect depart, and agree-
able to this our order or Booyooroldi you are commanded to act.
L. Signandi.
Mohurum 1173.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 177
No. XLI. TURKISH
Literal translate of the Imperial Firman constituting Eobeet Gabden, Esq.,
Consul in Bussora, issued on the 27th day of the month Suffer in the year of No. XLI.
the Hegira 1178.
(Signed) Samuel Manesty,
Resident.
In these times the English ambassador residing at our Court, Henry
Nevile, Esq., has presented to us a formal memorial to the following effect,
that the English Envoys at Aleppo, Alexandria, Tripoli in Syria, the
Grecian Islands, Tunis, Tripoli in Barbary, Scio, Smyrna, and Egypt, and
all the other considerable towns having scales or ports in our dominions,
may have the power of appointing Consuls of their own nation ; and, in
the event of their choosing to change any of them and appoint others
in their room, that no person may be permitted to interfere or to pre-
vent such an arrangement. Now, be it known that former agreements
have established this. Moreover, it appears that before the present period
the East India Company had sent a person to Bussora, by name William
Shaw, Esq., to represent them and superintend their affairs, who was
not possessed of any Consulary Birat ; but upon the expiration of his
period of service and his removal, they appointed in his room the bearer
of these royal letters, Robert Garden, Esq., who was also furnished
with a Commission from the Company. Now, according to the tenor or
former engagements, as well as in compliance with the wishes of the
ambassador, it became proper and necessary to deliver the Birat in ques-
tion into his hands. We have accordingly consigned to him our royal
diploma.
According to what we have written, the aforesaid Robert Garden,
Esq., is constituted British Consul, under the regulations to be here
explained by us, as well in regard to his latitude of action, as the conduct
to be observed towards him.
1st. — He is nominated and appointed Consul in Bussora.
2nd. — He shall . have full and sole power of taking cognizance of
all affairs concerning those of the nation to which he belongs, such as
captains of ships, merchants, and also all who may be under the pro-
tection of the English flag ; all matters relating to the above are to be
under his peculiar care.
VOL. VII. z
17^ TREATIES, EMiUlKMKXTS, AND SUNNUDS.
'1VRKIMI Without his express written order, no English vessel shall be per-
ARABIA. mittod to come to Uussora.
jjo. XLI. The servants of the Consul shall not be subject to the poll tax or
' any other species of tax or tribute. Their butchers shall not pay any
duty, and, in fine, the aforesaid description of persons must be protected
from any kind of contribution.
In the event of their purchasing male and female slaves, they shall
also be exempted from the above-mentioned duties.
No person shall interfere in respect to their furniture, their eatables
or drinkables, for these have been privileges of old standing ; such articles
too shall be free from customs.
No person shall dare to imprison or put in fetters the Ambassador,
the Consul, or their Agents, neither shall they seal up their houses ; and
{should the Consuls where they reside have with them a military detach-
ment, and wish to place them in separate houses, let none molest them
for so doing.
We repeat that their male and female servants are to be exempted
from taxes, as are their butchers from duties, all which exemptions are
of old.
In the event of the Consul conceiving himself aggrieved, or any per-
son having cause of complaint against him, we, in conformity to former
agreements, hereby order that the matter shall be referred to our Court
for decision, and that you shall not hear the discussion elsewhere.
Should the aforesaid Consul happen to travel, in whatever part he
may choose to visit, either by sea or land, he, his suite, servants, cattle,
and goods shall be sacred from any harm, aiid upon his return, should he,
from not being provided with a stock of necessaries, wish to make requi-
site daily purchases on the road, let none refuse to supply him, or dare
to engage in disputes with. him.
In places where danger may be apprehended, they shall be permitted
.to wear the turban and the sword, to ride on horseback, to carry the bow,
spear, and all the appurtenances of war, and whatever Cathies or others
should see them so provided, they are not to molest them.
But should they exceed the bounds of these agreements, privileges
and concessions, you are to check and prevent them, for such salutary
restraint and observance of good order is necessary.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 179
To all future times these regulations and instructions shall be valid, TURKISH
for we will not suffer the least infringement thereof, nor shall we sane- ARABIA.
tion any excess. No. xlt.
Birat or Consular Commission.
We, the Right Honourable Henry Grenville, Ambassador to His
Majesty the King of Great Britain, at the Ottoman Porte, &c, &c.
To all whom these presents may concern greeting.
L. S.
H. Grenville.
Having judged it very proper and necessary to grant this present
for the service of the Honourable English United East India Company,
as also for the better security and prosperity of their affairs in trade at
Bussora, and also when in the Ottoman dominions, as also to secure and
assure a protection to all persons in the respective Residencies of their
Agents and Ministers, that from thenceforth there be established a
Consul with ample and full power over all belonging to his charge to
execute the above-mentioned.
Be it therefore known that we, by virtue of authority granted us by
royal letters patent under the great Seal of Great Britain, and conform-
able to an Imperial Birat granted by the emperor's Sublime Porte and
the Sultan Mustafa, son of Sultan Ahmed, always victorious : By these
presents we declare and acknowledge the illustrious Mr. Robert Garden,
the present Agent of the said Honourable Company (or also their future
Agents) , and whoever be Agent in future and whoever be British Consul
for transacting their affairs in the city of Bussora, or other places thereto,
belonging, or dependent thereon, granting, however, to the said
Mr. Robert Garden, or even to any who shall be Agent in future, full and
ample power in all things belonging to his charge, and in this respect
we order all His Britannic Majesty's subjects to acknowledge him in
quality of British Consul, praying their Excellencies the Honourable
ISO TREATIES, ENGAGEMENTS, AND SUNNUDS.
TURK IS II Pasha and other Officers, Ministers, and Magistrates of the Ottoman
ARABIA. Empire, to whom these presents shall be shown, to suffer them freely to
No9. XLI enjoy and amply and peaceably to enjoy their Consulship, and to aid
& XLH. them with their assistance, protection, and favour, whenever their occa-
sions lead them to have recourse to them, conformable to the good and
ancient friendship subsisting between the Crown of Great Britain and
the Sublime Porte and conformable to the sacred capitulations.
In faith of which we have signed these presents with our own
hands and have caused it to be countersigned by our chief Secretary,
applying thereto the royal Seal of our embassy.
Done in our palace of Pera at Constantinople this 29tk August 1764.
No. XLII.
Translation of an Imperial Ottoman Diploma< granted to Habford Jones, Esq.,
British Consul of Bagdad and the environs.
At the request of Lord Elgin, English Ambassador to the Sublime
Porte, in a memorandum given to us by him, to wit, that in consequence
of the capitulations, the English Minister having named Consuls at the
ports of Aleppo, Alexandria, Tripoli of Syria, Algiers, Tripoli of Barbary,
Tunis, Scio, Smyrna, Egypt, and other ports requiring custom houses,
and wishing shortly to change or replace them by others, and having for
the present assigned and established as Consul in the city of Bagdad and
its environs, Harford Jones, Esq., a British subject, and residing in the
said city of Bagdad, in order to protect the affairs of British merchants
established there, or of travellers, we have given him our Imperial Birat
in conformity with the requisitions of the said capitulations, confirming
and ordaining the said Harford Jones, Esq., as Consul in the said city of
Bagdad, that in conformity with the said capitulations the affairs of
merchants and travellers under the protection of the British flag in this
country, in cases of difficulty arising, should be referred to him, and that
the departure of all vessels should take place only under his cognizance,
and that no public servants under his orders should be molested under the
TREATIES, ENGAGEMENTS, AND SUNNUDS.
181
pretext of tribute, or certain regulations entitled Kharatz, neither of others TURK IS H
named Avariz, nor of such as is levied by ships called Cassab Akeessi, or ARABIA,
other arbitrary impositions called Tekialifi Orfye ; that no one shall exact No. XLll.
the Kharatz nor other dues for male and female slaves in his service, and
that no person shall interfere nor obstruct the domestic affairs of the
said Consul, but, on the contrary, they shall be free from all impositions
according to the prevailing customs, neither shall they be subject to the
customs or excise duties ; that the Consul being established by the British
Ministers is not subject to imprisonment; that his house cannot be
closed or searched, or have any body of troops lodged therein; that
assistants and slaves belonging to him shall be free and exempt from
Kharatz and Avariz, Cassab Akeessi, and from all Tekialifi Orfye ; that
any complaint made by any person against him shall be referred to us
and cannot be disposed of by any other means ; that should the said
Consul find it necessary to travel into any part of the country, either by
land or by sea, at any stations or ports he may arrive at, no one shall
molest him or his servants, or cattle, or baggage, guides, or any thing
connected with him ; that any captain of country vessels on being paid
shall be compelled to carry his provisions according to the prevailing
regulations, and that no one shall seek pretext for disputes against him ;
and that in dangerous parts of the country he be allowed to wear a
white turban, sabre, bow, or other warlike instruments.
That all judges and commandants or others shall not molest him,
but shall assist and protect him, and shall prevent any one from throwing
.obstacles in his way, and always behave towards him in conformity with
the capitulations, and that no one shall presume to oppose, but, on the
contrary, shall give every credence to this decree, given under our most
respectable and noble Seal.
Given under our hand this 7 th day of the moon of Rejib 1217, that
is to say, 2nd November 1802, at our city of Constantinople.
182 TREATIES, ENGAGEMENTS, AND SUNNUDS.
TURKISH No. XLIII.
ARABIA. Tjitbbat, Tiunslation of the Turkish note delivered in by the Eesident to the
\ Kill. Pasha ns the terms on which the reconciliation was to be effected, to the con-
tents of which the Pasha signified his unqualified assent.
Article 1.
The Pasha must renounce all species of authority or command in
any shape over the Resident, as such is neither warranted either by usage
or the treaties.
Article 2.
The Pasha shall never, on any pretext whatever, interfere in any
manner with the affairs and arrangement of the Resident respecting his
establishment, his customs and rights, his beating drums, &c, &c, and
there shall be, on no account, objections made to any of the Resident's
orders, as such matters in no way concern the Pasha, nor come under
his cognizance ; particularly there shall be no objection made to the cele-
bration of His Britannic Majesty's birth-day in the most public manner,
with all the necessary ceremonies. In a word, there shall be no species
of objection or interference in any of the Resident's states and
ceremonies.
Article 3.
The Pasha shall never prohibit the customary interchange of visits
between the great officers of the Turkish Government and the Resident.
Article 4.
The Resident has never, nor will ever, show the least disposition to
any undue interference in the Pasha's affairs or government, and will
show every readiness to comply with the Pasha's wishes, provided they
do not interfere or are not contrary to any of the Articles of this Treaty,
or the interests of the British Government ; and so it is agreed for the
benefit of both parties.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 183
Article 5. Turkish
Whenever the Pasha shall have any business with the Resident, he ******-
shall make it known to him by one of his own confidential men of Nos' XLm
rank; also should the Resident ever have any important business, and & XL1V
demand confidential persons on the part of the Pasha to converse with,
there shall be no objections made to it, and the person required shall be
immediately sent; the benefits arising from this Article are clearly
reciprocal.
Article 6.
There shall be no equivocation in any of these Articles. Should any
doubts hereafter arise relative to any particulars contained in the Articles
(especially Article 2), the explanation of it shall be in favour of the
Resident.
No. XLIV.
Decbee of the Pasha of Bagdad in 1812 for preventing the desertion of sailors
at Bussora.
It is declared that the sailors and those who work on board the
cruizers and merchant ships of the British Government, sometimes by
drunkenness or other offences, incur the displeasure of their captains,
and become liable to just and necessary punishment and correction ; and
moreover, be it known that should the sailors or workmen aforesaid, in
order to escape such chastisement, take refuge with, and expect protection
from, either yourself or the head captain of Shutel Arab (vulgarly called
the captain Pasha) you shall by no means afford them protection, but
deliver them up to the Agent at Bussora of the esteemed Resident of
the British Government at Bagdad, in which intention this order has
been written, decreed, and transmitted. When this shall reach you by
the power of the Most High, you will immediately regulate your conduct
and act by the decree contained in it.
1S1
TURKISH
ARABIA.
Nob-XLV
& XL VI
TREATIES, ENGAGEMENTS, AND SUNNUDS.
No. XLV.
Decree of the Pasha of Bagdad in 1812 for the restoration of natives of India
brought to Bussora as slaves.
It is declared that, in consideration of the amicable relations sub-
sisting between the sublime government of perpetual strength and
internal stability (i. e.} the Porte) and the British Government, whose
friendship it behoves us -to cultivate, should the captain or crew of ships
trading on the seas, whether belonging to Bussora or Muscat, steal
and bring subjects of the aforesaid government in India, either males
or females, natives of India, for sale at Bussora in the manner of negro
male and female slaves, and the Agent of the esteemed Resident at
Bagdad for the British Government established at Bussora prove that
the aforesaid male and female slaves are not negroes, but natives of
India, who have been kidnapped, they shall be taken from the hands
of the thieves and despoilers and delivered up into his hands, and for
carefully establishing this clear law in the government this order is
written, decreed, and transmitted with the power of the Most High.
When this shall reach you, you will immediately regulate your actions
and conduct by the Articles contained in it.
No. XLVI.
Translate of a letter from His Highness the Pasha of Bagdad to the Political
Agent at Bussora.
After Compliments. — The Dragoman of the English nation has
arrived here, bearing a sealed despatch from the government and a letter
from yourself containing the following demands : —
Article 1.
A compliance with all stipulations contained in the Imperial Treaties
and regal firmans, ancient or recent.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 185
Article 2. Turkish
ARABIA.
The restitution of whatever was taken from Mr. Sturmey above the
proper rate of customs, and of such property of Mr. Scoododa as was
damaged or lost.
Article 3.
Whatever may be deemed to constitute the complete safety in every
respect of the life, property, and honour of all agents or vakeels of the
government, of their protected dependants and subjects, together with an
attentive regard for their views, wishes, a due estimation and honouring
of them, and an admission of their rights to grant asylum, and all other
claims according to their ancient rights and customs ; and that they may
entertain as many servants as they see necessity for.
Article 4.
Should hereafter an agent, not an Englishman, be established at
Bagdad, he shall unquestionably meet with every proper honour and con-
sideration as it is due to his station.
Article 5.
Bills of Exchange shall not be taken from their shroffs by force;
nor money from their dependants or proteges by compulsion, nor shall
temporary or arbitrary taxes of any kind ever be levied on their landed
or other property contrary to their due right and custom.
Article 6.
No tax, except one previously well defined and arranged, shall be levied
on boats the property of British subjects and proteges ; such, for instance,
as pass between Bussora and Bagdad ; nor shall their boats be seized for
the public service; nor shall the property of merchants being British
subjects or porteges arriving at Bagdad, otherwise than as is usual on
the arrival of the same at Bussora,, enter the custom house contrary to
stipulation and covenant.
vol. vn. 2 a
No. XL VI.
ISfi TREATIES, ENGAGEMENTS, AND SUNNUDS.
Ti'KKlSH Article 7.
Should British subjects and proteges lose any property in the town
ARAH1A.
No XLVI. or on pUDijc ToadS) and by theft or plunder, every exertion shall promptly
be made to recover the same.
Article 8.
Should any dependant of the government suffer from any of our
subjects' offence or injury, the injured individual shall receive immediate
satisfaction and reparation.
Article 9.
In commercial dealings goods having been bought shall not be
returned except on legal and just plea \ and commercial disputes shall be
adjusted by an assembly of merchants according to mercantile usage.
Article 10.
Should British or Indian seaman desert, they shall not be forced to
become converts to Islam, and in case of their willing conversion, they
shall be subsequently delivered up to their duty in order to prevent any
detriment to the interests of the ship.
Article 11.
A spot shall be assigned on lease to the Resident for a house and
garden wherever he may point out.
Article 12.
The proven claims of British proteges to be enforced on whomso-
ever of our subjects it may be, without the smallest loss or injury to the
claimants.
We have considered and fully comprehended these demands, in like
manner also as we are convinced of the very great and faithful regard of
His Imperial Highness for the English nation; with regard, therefore, to
such part of them as are contained in those Imperial Treaties and royal
TREATIES, ENGAGEMENTS, AND SUNNUDS. 187
decrees which are in their hands, it has even been fulfilled to them TURKISH
hitherto, and we shall continue likewise to observe it in time to come, ARABIA,
and this too, in due consideration of the fulness of that valued friendship No . XL VI.
and the abundance of ancient and lasting unanimity which has existed
between the two States in ages past.
With respect, however, to the overplus of customs taken from
Mr. Sturmey and the goods lost to Mr. Scoododa, we have made investi-
gation and discovered that the circumstances occurred by chance and not
from premeditation ; we have consequently returned them to the Drago-
man above mentioned, as we cannot consent to any conduct towards the
British Government contrary to Treaty and covenant — our friendship for
them being of ancient date — and also in compliance with the engage-
ments of our predecessors up to the present date.
In conformity, therefore, with the firm and lasting alliance formed
between the Imperial and British Governments with a view to confirm
and secure the foundation of that faithful alliance and to strengthen the
bonds of the immutable and important union set forth in the Imperial
Treaties and royal edicts which are in their possession, and in conformity
with ancient rule and former precedent, we have agreed to the observance
of all the stipulations above mentioned, and have sealed this instrument
as a proof of our consent, and delivered the same into the hands of the
Dragoman aforesaid.
Be you therefore informed of this and consider it as fully efficient.
Seal
of Daood
Pasha.
]88 Tit KATIES, EXOVtil M l.KTS, AND SUNNUDS.
n-KKisii No. XL VII.
ARABIA. Tbanslation of a Boyoorooldi from His Highness Hajbe Ali Reza, Pasha of
No. XLVII. Bagdad, Aleppo, Diarbekir, and Mousul, to the Political Agent at Bussora,
dated the 27th ltubee-oos-saneo a. h. 1247, or 2nd October a. d. 1831.
To the spiritual leader of Islam, the Lieutenant (of the Qadhee of
Constantinople) at Bussora, to His Excellency the Muftee Effendi of
Bussora, whose piety and excellence be increased, to the Chief of the
exalted Ministry and Government the Motusullim Aga, be his rank and
station increased, and to the elders and men of weight of the Council
and country, whose dignity be magnified. In reference to all affairs
supervening at Bussora, and relating to the excellent Resident of
England, the high and exalted Mr. Taylor, Balios Beg residing with our
eternal government, and in observance of his rights and those of his
agents, interpreters, and all his proteges and dependants, and of all
the subjects of his government, and the merchants and ships arriving
from Hindoostan, according to the stipulations and Treaties which have
been arranged and ratified with our exalted State : as they have been held
in times preceding, to which we adhere, and for which we even exceed
the former regard out of a wish to protect their rights ; so you also the
Nayeb Effendi, and Muftee Effendi, and Motusullim Aga, and Ayan
(inferior ministers) will in likewise deport yourselves towards, and protect
the rights and regard the just claims of the dignified Mr. Taylor, Beg,
his agents, interpreters, proteges, and dependants, and the subjects of
the government arriving from Hindoostan, and their ships and merchants,
and all others soever, conformably to what we have promulgated in this
our Boyoorooldi, which you will on no account infringe : and thus be it
known unto you.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 189
No. XLVIII. TURKISH
Translate of an Imperial Firman of protection for the English Steam "Vessels ARABIA-
destined to navigate the River Euphrates, dated 29th December 1834. No. XLVIII.
To their Excellencies the Viziers, Pashas of three tails, to the illus-
trious Miri Mirans, Pashas of two tails, to the learned Judges, to the
Wainadas, Captains of Ports, and other Magistrates of places situated on
both banks of the Euphrates, health.
On receiving the imperial command, you will know as follows: — The
Ambassador Extraordinary and Plenipotentiary of Great Britain at
Constantinople, Lord Ponsonby, one of the most illustrious personages
among the Christian nations, has presented at our Sublime Porte an
official note, by which he intimates that the British Government requires
permission to cause to navigate by turns two steam boats on the river
Euphrates, which flows at a small distance from the city of Bagdad, for
the purposes of facilitating commerce.
We in consequence issued to our very illustrious governor of
Bagdad and Bussora, Ali Reza Pasha, an order to furnish our Sublime
Porte with information of the proposed navigation.
Although the answer of the Pasha had not arrived, the Ambassador
made representations on this point, informing our Sublime Porte the
British Government awaited our reply.
For this reason we have and do permit two steam boats to navigate
the Euphrates by turns, and this navigation is to continue as long as,
conformably to what has been represented to us, it may prove useful to
the two powers, and no inconvenience result therefrom, and it is to this
purpose that an official rule has been transmitted to the British
Ambassador.
A firman couched in the same terms has been addressed to the
Pasha of Bagdad and Bussora.
190 TREATIES, ENGAGEMENTS, AND SUNNUD9.
v
TURKISH No. XLIX.
ARABIA
_ Tbanslation of an Imperial Firman addressed to the Valee of Bagdad, dated
No. XLIX. in the beginning of Suffer 1263, or end of January 1847, communicated the
23rd January 1847.
To the Valee of Bagdad, — Ordained (that) whereas, although special
conventions have been entered into between the British Government
and certain rulers in Africa for the purpose of preventing the exportation
of black slaves from that country to (the ports of) America and to other
places, certain merchant ships contrive to kidnap slaves from the African
coasts, and continue to transport them to other places, owing to which
the provisions of the aforesaid convention cannot be carried into execution ;
a request has been therefore lately made on the part of the British Gov-
ernment that the necessary measures should be adopted in this matter
by my Sublime Porte with reference to those places; and whereas the
inhuman and barbarous treatment adopted with regard to kidnapped slaves
in the places to which they are transported is not like unto (that adopted
towards) slaves coming to these places, and that the prevention thereof
would be both just and commiserate : It is therefore my supreme and
imperial will that the slave trade carried on on the aforesaid coast by the
merchant vessels under my imperial flag be henceforward entirely pro-
hibited, that any (vessels) acting in contravention to this prohibition
and captured by the ships of my imperial fleet which by the
grace of God are to be sent into those waters, or taken by the British
ships of war cruizing in those parts and delivered up by them to the
Authorities of my royal ports in the Gulf of Bussora, be taken possession
of by my Sublime Porte, and that the captains thereof be punished;
that those whom it may concern be peremptorily warned thereof, and
that the utmost care and attention be paid to the full and perpetual
observance of the present prohibition, and to the punishment of those
acting in contravention thereto as aforesaid.
You, therefore, who are the Valee of aforenamed, will act conformably
(hereto), and beware of transgressing (these orders).
TREATIES, ENGAGEMENTS, AND SUNNUDS.
191
Tbanslation of a communication made by the Porte to Her Majesty's Embassy.
A vizierial letter, dated the 10th September, (27th January 1847),
has been addressed to the Valee of Bagdad as follows : —
An Imperial Firman just issued concerning the prohibition to the
exportation of black slaves from Africa to America and other places is
herewith transmitted to your Excellency, and it is the supreme command
of His Majesty that you should be careful to enforce the orders contained
in it.
Without entering into unnecessary details (on the subject) with your
Excellency it is necessary to observe that, as the publication of this Impe-
rial Firman will not be without its objections, you should keep it by you,
and, without any reference whatever thereto, duly issue the orders con-
tained in it to the Authorities of such places as may be requisite.
His Majesty has moreover ordered that towards next spring some
vessels of the imperial fleet should be sent (God willing) to superintend
the full execution of this interdiction, as well as to promote the welfare
of those coasts as heretofore; and whereas it would be productive of loss
to some of His Majesty's subjects ignorant in the beginning if the pro-
hibition of the execution thereof were to be enforced contemporaneously
with its promulgation : the publication of these orders are to be made by
you on the receipt of this despatch. You will also make known that
they are to be in full vigour four months after the date hereof, that is,
after the 10th of Suffer (27th January 1847), and that the slaves which
may be on board any merchant vessels under the Ottoman Flag, which
shall have dared to act in contravention thereof, after the expiration of
the aforesaid period, and which having escaped the vigilance of the
Authorities on their passage may enter any of the Turkish ports, shall
be taken possession of and detained.
You will also adopt suitable measures for sending back to the place
from which they may have been kidnapped, the slaves arriving in any of
His Majesty's ports.
TURKISH
ARABIA.
No. XLIX.
192 TH KATIES, ENGAGEMENTS, AND SUNNTTDS.
TURKISH Copik Officibllb d'une lettre addressee par le Grand Vizier an Pasha de
ARABIA. Bagdad en date Cth Avril 1847.
No. XLIX. Traduction.
J'ai informe, V. Excellence par une depeche que je vous ai ecrite
dernierement relativement a la defense aux batimens sous pavilion
Ottoman de faire le commerce des esclaves avec les cotes d'Afrique qu'en
consequence des ordres prohibitifs qui out ete donnes a cet effet, les
batimens Ottomans qui apres ^expiration du terme qui a ete fixe aurons
l'audace de contrevenir a ces ordres, et qui auront 6te arretes pour cela,
seront confisqu^s avec les esclaves qu'il y aura a bord, mais prevenir les
mal-entendues et la confusion a cet egard, je veux donner sur cette
question les eclaircissemens suivans.
Votre Excellence sait qu'il y a dans ces environs la des Gouvernements
et des Imams independants, et cela dtant, les chatimens dont il s'agit, ne
peuvent pas etre appliques a leurs batimens. II faudra done se borner
a Tegard de ces batimens a leur defendre de transporter et d'introduire
des esclaves dans les ports de la S. P. qui sont dans le Golfe Persique
et s'ils en viennent Votre Excellence aura seulement a les renvoyer et a
les eloigner. Ainsi V. E. voudra bien donner aux autorites competentes
les ordres necessaires daus le sens au dessus explique.
20 ReM-al-Akhir 1263.
Translation. — Instructions to Nejib, Pasha of Bagdad, about the African Slaves.
As your Excellency well knows, I have stated in the despatch I
wrote to you, in consequence of the firman issued for the purpose of
prohibiting the transport of black slaves from Africa to America and
other places, that it will be necessary to take measures for sending back
conveniently to the places whence they had been kidnapped, those slaves
who shall come to any port of the Ottoman Empire in vessels under
the flag of the Sublime Porte.
But on thinking again on this matter, we found that this plan is
not quite exempt from inconvenience, for it is not improbable that the
slaves shoidd fall, while on their way home, into the hands of people
dealing in slaves, and experience again all sorts of misery.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
193
& L.
Now the slaves who shall have been liberated from the hands of TURKISH
the merchants are naturally become thus free, and they may, of course, ARABIA.
act as they like. Such of them, then, as will not return, but choose to Noa. XLIX
remain, cannot be forced to go, and they must be allowed to stay where
they please.
But humanity requires that measures should be taken to send safely
to the place of their destination those who wish to return, and, therefore,
it has been thought expedient, and the Sultan has given orders to that
effect, that those among them who wish to return should be consigned
to the British Authorities in those environs, put on board the British
men of war, or on board other vessels which shall be assigned by the
English, and sent away.
This matter has been talked of with the British embassy, and your
Excellency will therefore talk about it with the British Consul at
Bagdad, and send the analagous instructions to the competent Authori-
ties ; and as to those among the slaves that have been captured, who may
wish to remain in this country, your Excellency will take care to furnish
them with a Tezkere, that they may not be molested by any body what-
ever after that.
No. L.
PROTOCOL.
A la suite d'un echange de notes
qui a en lieu entre 1' Ambassade de
Sa Majeste Britannique et le Minis-
tre des Affaires Etrangeres de Sa
Majeste le Sultan, au sujet de la
prolongation de la ligne Aerienne
de Bagdad jusqua Bussora et Kha-
nakain, dans le but de relier par
deux lignes differentes les telegra-
phes Indiens au reseau telegraphique
de PEurope 1' Ambassadeur de la
Reine de la Grande Britain pros la
VOL. VII.
Translation.
Consequent upon the exchange
of notes which has taken place
between the Embassy of Her Bri-
tannic Majesty and the ministry of
Foreign Affairs of His Majesty the
Sultan on the subject of the exten-
sion of the line above ground from
Bagdad to Bussora and to Khana-
keen, with the object of connecting
by two different lines the Indian
telegraphs with the telegrapliic net-
work of Europe, the Ambassador of
2 b
194
TREATIES, ENGAGEMENTS, AND SUNNUDS.
ITRKISH
AKABIA.
No. L.
Sublime Porte et le Ministre des Her Britannic Majesty at the Sub-
Affaires Etrangeres du Sultan, en vue lime Porte and the Minister of
d'assurer la rdalisation de ces en- Foreign Affairs of the Sultan, with
treprises, ont arrets l'arrangement a view to this, have decided on the
suivant : — following arrangement : —
Aeticle I.
Le Gouvernement Ottoman fera
prolonger a ses frais :—
1. Laligne de Bagdad a Busso-
ra.
2. H construira une ligne
A^rienne de Bagdad jusqu'a Khana-
kain, sur la fronti£re Persane Ces
deux lignes seront a deux fils, dont
l'un sera destine au service exclusif
des messages directs.
Aeticle 1.
The Ottoman Government will
extend at its own expense —
1. The line above ground from
Bagdad to Bussora.
2. It will construct a line above
ground from Bagdad to Khanakeen
on the Persian frontier. These
two lines shall consist of two wires,
of which the one shall be kept
exclusively for direct messages.
Article 2.
Le Gouvernement Indien portera,
de son cdte" a ses frais le cable sousma-
rin Indien, aboutissant k Bushire,
soit a Bussora soit a un autre point
quelconque de Pembouchure du
Sehat-el-Arab, qui sera designe" plus
tard, et qui sera relie a la ligne
Aerienne.
Article 2.
The Indian Government, on its
side, at its own cost, shall carry the
Indian sub-marine cable, which joins
at Bushire, either to Bussora or
to some other point at the mouth
of the Shat-el-Arab, which shall be
designated later, and which shall
be connected with the line above
ground.
Article 3. Article 3.
Le Gouvernement Indien fournira The Indian Government besides
en outre au Gouvernement Ottoman shall furnish to the Ottoman Gov-
tous les materiaux ne'cessaires, y ernment all the necessary materials,
TREATIES,, ENGAGEMENTS, AND SUNNUDS.
195
compris les poleaux en fer, pour
la construction des deux lignes
Aeriennes ci-dessus indiquees.
Les deux Ingenieurs telegraphi-
ques qui se trouvent deja a Bagdad,
ainsi que l'Inspecteur et les quatre
Sous-officers de genie Britannique
qui sont attendus prochainement
dans cette ville, seront mis a la dis-
position des Autorites Ottomanes
pour cooperer a la construction de
ces "lignes.
No.L.
including the poles of iron, for the TURKISH
construction of the two lines above ARABIA,
ground before mentioned.
The two telegraphic Engineers,
who are already at Bagdad, as also
the Inspector and the four Sub-
officers of the British Engineers
who are soon expected to arrive
in that city, shall be placed at the
disposal of the Ottoman Authorities
to co-operate in the construction of
these lines.
Article 4.
LeGouvernement Ottoman payera
les materiaux ainsi fournis par le
Gouvernement Indien, sur la recette
des messages telegraphiques Indiens,
qui traverseront la ligne de I'ex-
treme frontiere Europeenne de V
Empire Ottoman soit jusqu'a Busso-
ra, soit jusqu'a Khanakain, d'apres
un arrangement special que les deux
Gouvernements se reservent d'etablir
pour determiner la mode et Tepoque
des versements du prix de ces
materiaux.
La retribution des Ingenieurs
reste a la charge du Gouvernement
Indien.
Les materiaux qui sont fournis
par le Gouvernement Indien seront
consigned a leur arrivee, entre les
Article 4.
The Ottoman Government shall
pay for the materials thus furnished
by the Indian Government with
the money received for telegraphic
messages from India, which shall
traverse the line of the extreme
European frontier of the Ottoman
Empire, be it to Bussora or as far
as Khanakeen, according to a spe-
cial arrangement which the two
governments reserve to themselves
to establish, to determine the mode
and the period of the payment of
the price of these materials.
The salaries of the Engineers to
be paid by the Indian Government.
The materials which shall be fur-
nished by the Indian Government
shall be consigned on their arrival
196
TREATIES, ENGAGEMENTS, AND SUNNUDS.
TURKISH mains des autorites Ottoraanes con-
AKA1JIA. |,v ]eur n,(»u
Ka L.
Article 5.
Les autorites Imperiales recev-
ront ' l'ordre de faire commencer
immediatement les travaux de la
ligne de Bagdad a Bussora.
to the hands of the Ottoman
Authorities, and a receipt given for
them.
Article 5.
The Imperial Authorities shall
immediately receive orders to begin
the works upon the line from Bag-
dad to Bussora.
Article 6.
Le cable sousmarin qui doit se
relier a la ligne Aerienne de Bagdad
a Bussora devra etre pose le plutot
possible, afin d'en assurer le fonc-
tionnement simultane.
Article 6.
The sub-marine cable which is to
meet the line above ground from
Bagdad to Bussora shall be laid as
soon as possible, in order to secure
simultaneous operations.
Article 7.
Aussitot que cette ligne aura ete
achevee le Gouvernement Ottoman
mettra la main a celle de Bagdad a
Khanakain, pour laquelle le Gou-
vernement Indien s'engage a
fournir egalement les materiaux et
les Ingdnieurs aux memes conditions
qui ont 6t& stipulees pour la ligne
de Bussora.
Article 7.
As soon as this line shall have
been completed, the Ottoman Gov-
ernment shall commence the line
from Bagdad to Khanakeen, for
which the Indian Government
equally engages to furnish materials
and Engineers on the same condi-
tions as those which have been stipu-
lated for the line from Bussora.
Article 8.
La Sublime Porte aura soin, selon
la n6cessit6, d'employer pour le ser-
vice de ces lignes des personnes
posscdants la langue Anglaise.
Article 8.
The Sublime Porte shall take
care, if need be, to employ, for the
working of these lines, persons ac-
quainted with the English language.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
197
Article 9*
Toutes les depeches a destination
ou provenant des Indes seront par-
tagees a, portion egale entre la
ligne projet^e de Bagdad a Bussora
d'une part, et celle de Khanakain
d'autre part.
Pour eviter toute difficult^ d'exe-
cution, ^application du partage
aura lieu de la maniere suivante : —
Toutes les depeches provenant
des Indes devront passer par la ligne
de Khanakain. Par contre toutes
celles a destination des Indes
traverseront la ligne de Bagdad
a Bussora.
Article 10.
La stipulation de F Article 9
sera en vigueur pendant dix ans, a
Pexpiration desquels il pourra etre
revis6 moyennant une nouvelle
entente entre les deux Gouverne-
ments.
Article 9.*
All the despatches addressed to .
or coming from India shall be
equally divided between the line
from Bagdad to Bussora on the
one hand and that of Khanakeen
on the other.
To avoid all difficulty of execu-
tion, the application of this system
of division shall be as follows : —
All despatches coming from India
shall pass by the line from Khana-
keen. On the other hand, all those
for India shall be sent by the line
from Basrdad to Bussora.
Article 10.
The stipulation of Article 9 shall
remain in force for ten years, at the
end of which it can be revised by
means of a new understanding be-
tween the two governments.
TURKISH
ARABIA.
No. L.
Article 11. Article 11.
Les deux Gouvernements se The two governments reserve to
reservent d'arreter et de conclure themselves the right to determine
une Convention Telegraphique sur on and conclude a Telegraphic
les basses de l'Acte de Bruxelles, Convention on the basis of the Act
* On 9th December 1863 an additional Article was added to the Protocol, stipulating
that, instead of dividing the traffic equally between the Bussora and Khanakeen lines,
messages should be forwarded indifferently by either line, and that payment should be cal-
culated on the mean between 375 and 89 miles, the distances between Bagdad and Bussora
and Bagdad and Khanakeen respectively, so long as both lines are kept in efficient working
order.
198
TREATIES, ENGAGEMENTS, AND SUNNUDS.
TURKISH qui constituc la Loi Internationale
ARABIA, deg Signes Electriques.
No. L.
En foi de quoi, Y Ambassadeur de
Sa Majeste Britannique et le Minis-
tre des Affaires Etrangeres de Sa
Majeste Imp^riale le Sultan ont
signes le present Protocole, en double
expedition, et y ont appose* le sceau
de leurs armes.
of Brussels, which constitutes the
International Law of Lines of
Electric Telegraphs.
In faith of which the Ambassa-
dor of Her Britannic Majesty and
the Minister for Foreign Affairs of
His Imperial Majesty the Sultan
have signed the present Protocol
in duplicate and have annexed
their Seals.
Fait a la Sublime Porte, le vingt Bone at the Sublime Porte the
dtt mois d'Ociobre, de Van mil huit 20th day of October 1863.
cent soiaante trots.
Poce Sib Henex Bulweb.
L. S.
E. M. Erskine.
Foe Sie Heney Bulwee.
L. S.
E. M. Erskine.
L. S.
All
L. S.
All
L. S.
All
PERSIAN GULF.
Selections from the Records of the Bombay Government, No. XXI. of
new Series.
Those portions of the coasts of the Persian Gulf which are not
occupied by tribes having treaty relations with the British Government
are either under the dominion of Turkey or Persia. The Turkish
suzerainty is acknowledged on the southern shore from the Shat-el-Arab
to a point nearly opposite Demam, a small portion nearest the Shat-el-Arab
being directly under the Pasha of Baghdad, and the rest being occupied
by Arab Chiefs, who acknowledge dependence on the Turkish Government.
The northern shore nearest the Shat-el-Arab is held by Arab Chiefs owing
allegiance to Persia, and the coast eastward to a point nearly opposite to
the western extremity of the Island of Kishm is governed directly by
officers of the Shah of Persia.
MUSCAT.
Towards the end of the seventeenth century, the Muscat Arabs having
driven the Persians from Oman, established their ascendancy in the
Persian Gulf, and gained a footing in Zanzibar aud several other parts
on the African coast. The Persians regained their supremacy for a short
time in the reign of Nadir Shah, but during the weakness and distrac-
tions in Persia which followed Nadir Shah's death, Ahmed bin Saeed, the
Arab Governor of Sohar, drove the Persians out of Muscat and con-
temptuously rejected the claims of the Shah to tribute. He was elected
Imam. He was succeeded in the government of Muscat by his second
son, Syud Sultan, who usurped the rights of his elder brother. It was
in 1798, during the rule of this Chief, that the first Treaty (No. LI.)
with Muscat was negociated by Mehendi AH Khan, the Company's Agent
at Bushire, with a view to exclude from Muscat all prejudicial influence
of the French with whom Syud Sultan was brought in contact through
his trade with the Mauritius. When Sir John Malcolm visited Muscat on
his first mission to Persia, he formed another engagement (No. LII.)
with Syud Sultan, stipulating for the strict observance of the previous
Treaty and for the residence of an English gentleman in an official
capacity at Muscat.
200
TKEATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIAN
GULF.
Muscat.
Syud Sultan was killed on 14th November 1803 in battle with his
enemies the Uttoobees and Joasmees. The rights of his two young sons
were disputed by their uncle Syud Ghes of Sohar, who aimed at usurping
the government of Muscat. To oppose their uncle's pretensions the two
youths put themselves in the hands of their cousin Syud Budr bin
Halol, who called in the Wahabees, and with their help defeated Syud
Ghes and recovered Bundur Abbass and Hormus, which had been seized
by the Shaikh of Kishm. The weakness resulting from this disputed
succession gave the Wahabees a footing in Muscat, which they have never
wholly lost. This sect adopted strict and puritanical doctrines. They
denied divine honours to Mahomed, abhorred and destroyed all holy
tombs, abstained from the use of tobacco, and waged war against all
Mahomedans who did not accept their peculiar views. Their doctrines
spread with amazing rapidity. In 1800 they made their first appearance
in Oman. They reduced all the sea coast of the Persian Gulf from
Bussora to Debaye, released the Chiefs of Zaheera and Sohar from
allegiance to Muscat, and forced Syud Sultan to beg for a three years'
truce, which they broke soon after. They would probably have
conquered all Oman if they had not been stopped by the assassination
of their Chief.
The Wahabees reached the height of their power shortly after the
accession of Syud Saeed, the second son of Syud Sultan, who succeeded
Budr bin Halol in 1807. This Chief, to whom the religious title of Imam
was not conceded by the Arabs, although he is generally so styled, ruled
for fifty years, during which time he cultivated a close intercourse with
the British Government. In 1808 the Imam, smarting under the insults
of the Wahabees, whose agents were forcibly converting his subjects
in his very capital, roused the Arab tribes in Oman to a combination
against them. If Muscat had fallen under the Wahabees, the Imam
would have been drawn into the general system of piracy which the
Wahabees encouraged, and would have been converted from a friend into
a dangerous enemy. The British Government, therefore, resolved to
support him. An armament was accordingly sent towards the close of
1809, which destroyed the piratical boats at Ras-ool-Khyma, Linga, and
Luft, and bombarded and took Shinas. No arrangements, however, were
made permanently to secure the advantages then obtained. Piracy
TREATIES, ENGAGEMENTS, AND SUNNUDS. 201
was soon renewed, and another expedition had to be sent against the pirates PERSIAN
in 1819, in which also the Imam co-operated. With these exceptions, GULF.
till the year 1822, when a Treaty (No. MIL) was concluded for the Muscat.
suppression of slavery, there is nothing requiring special notice in the
intercourse between the British Government and Syud Saeed, who was
chiefly occupied in wars with his rivals, the Joasmees, and in fruitless
attempts to possess himself of the Island of Bahrein.
The Treaty of 1822 aimed at the suppression of the foreign slave
trade with Christian nations only, and not of the trade with Mahomedan
countries and within the Muscat dominions, except in cases of kidnap-
ping ; and the permission given under the Treaty to British cruizers to
seize slave ships east of the line defined in the Treaty, applied to His
Majesty's ships only, and not to vessels of the Indian Navy. In 1839,
however, a Treaty of commerce (No. LIV.) was concluded with the Imam
by Her Majesty's plenipotentiary at Muscat, by the fifteenth Article
of which the Imam confirmed the Treaty of 1822 for the suppression
of slave trade with Christiau countries, and conceded power of search
and seizure to vessels of the East India Company; and on 17th De-
cember of the same year he agreed with the Resident in the Persian
Gulf to add three additional Articles (No. LV.) to the Treaty of 1822,
authorizing the right of search and extending the boundary laid down
in the Treaty of 1822 from Diu head to Passein, the eastern boundary of
the Muscat possessions on the Mekran coast, so as to include the coasts
of Kattywar, Kutch, Kurrachee, and upwards of four degrees westward
in the limits within which his subjects were forbidden to engage in the
slave trade. In the fourth Article of the Arabic version of the Treaty of
1822 no mention was made of the obligation of the Imam or his
authorities to assist in the apprehension of British subjects engaged in
the slave trade, although this obligation was distinctly specified in the
English version. The Imam was urged to have the omission rectified
by an addition to the Arabic text. He was, however, averse to any altera-
tion being made in the Treaty; but in a separate letter, dated 18th
August 1845, he bound himself, his heirs, and authorities to afford assist-
ance, when required by persons authorized to demand it, in the appre-
hension of British subjects engaged in slave trade.
vol. vn. 2 e
TREATIES, ENGAGEMENTS, AND SlTNNUDS.
I'KliSIAN
QULF.
Muscat.
Iii 1815 the Imam entered into a Treaty* (No. LVI.) prohibiting,
from 1st January 1847, the export of slaves from his African dominions
and their importation from any part of Africa into his dominions in Asia,
and agreeing to use his influence with the Chiefs of Arabia, the Red Sea,
and the Persian Gulf to put a stop to the slave trade. The Treaty, how-
ever, did not prohibit the transport of slaves from one port in his
African possessions to another. In consenting to this Treaty the Imam
requested that three additional Articles f might be added, prohibiting
the search of his vessels in the limits within which the transport
of slaves was allowed under the Treaty, and of his vessels coming from
the Arabian and Red Seas to Africa, and stipulating that, if slaves
were stolen from the Zanzibar territories, the Imam should not be
held responsible. These Articles appear never to have been formally
agreed to ; but the Imam was informed, in the name of Her Majesty's
Government, that British ships of war would search only such vessels
under the flag of the Imam as might reasonably be suspected of being
engaged in slave trade ; that, therefore, the description of vessels
mentioned in the Articles would not be searched unless there should be
good ground for suspecting them to be so engaged ; but, at all events,
* An Act of Parliament, 11 and 12 Vic, Chap. 128, was passed to give effect to this
Treaty. See Appendix.
t Additional Articles to the Agreement concluded on the 2nd October 1845, corre-
sponding to the 29th Ram/an 1261 Hegira, according to the wish of His Highness
the Imam of Muscat.
Article 1.
That no vessels belonging to His Highness Syud Saeed bin Sultan, the Imam of
Muscat, or belonging to his subjects, be searched by English Men-of- War between the
boundary of Lamoo to the north and Kitwar to the south, mentioned in the Treaty con-
cluded on the 2nd October 1845, corresponding with the 29th Ramzan 1261.
Article 2.
It may perhaps be reported to them (the British Government) that an individual has
stolen slaves from the territories of Syud Saeed, the Sultan of Muscat, which are in Africa ;
unless this be proved, His Highness Syud Saeed, the Sultan of Muscat, shall not be called
to account for it.
Article 3.
It is known that the vessel belonging to His Highness the Sultan of Muscat and those
belonging to his subjects coming from the Arabian and Red Seas do not bring slaves from
those parts to the territories of the Sultan of Muscat which are in Africa ; accordingly
English Men-of-War shall not search nor trouble them.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
203
that, if they should be searched and found not to be so engaged, that PERSIAN
fact would be ascertained in a very short space of time, and they OULF.
would not be prevented for more than a quarter or half an hour from Muscat.
continuing their voyage.
In consequence of some discussion regarding the right of the Imam
to duty on goods transhipped in his ports, he issued Rules (No. LVII.)
in 1846 for the levy of full duty of 5 per cent, on goods transhipped,
but exempting from duty ships putting into his harbours from
stress of weather and all stores of the British Government landed at his
ports.
During the later years of his rule the affairs of Syud Saeed in his
Asiatic dominions fell into much confusion, owing, in a considerable
degree, to his prolonged residence at Zanzibar, which, in 1840, he made
the permanent seat of his government, and the incapacity of the
Agents whom he left at Muscat, and latterly of his son Syud Thowaynee.
On more than one occasion his power was saved only by the intervention
of the British Government. The Wahabees forced him in 1833 to pay
them a tribute of 5,000 crowns a year, and to renew the obligation
in 1845, raising the tribute to 20,000 crowns, 12,000 being for Muscat,
and 8,000 for Sohar. About the same time also he got into trouble
with Persia regarding bis possessions on the Mekran coast. Besides
his possessions on the Arabian and African coasts, the Imam holds
the Islands of Hormus and Kishm in the Persian Gulf, and is
acknowledged as feudal lord by the Arabs on the Mekran coast
between Jask and Passein. He holds Bunder Abbass and its depend-
encies on rent from Persia. He also holds the ports of Gwadur and
Charbar, his rights to which, according to tradition, were derived from the
Khan of Khelat. In 1846 Hussein Khan, the Persian Governor of
Fars, despatched a force against Bunder Abbas with the view of extorting
a large sum of money from Sheikh Seif bin Subhan, the Imam's
deputy and Governor. The Imam threatened to retaliate by destroying
Bushire. It was not till a change of ministry took place on the death of
Mahomed Shah that redress was granted to the Imam. In 1853 the
Shah of Persia resumed possession of Bunder Abbass and its dependen-
cies: but he restored them to the Imam in 1856 on much less advant-
204
I i; KATIES, ENGAGEMENTS, AND SUNNTTDS.
PERSIAN ageous terms* than formerly. The rent was raised from 6,000 to
GULF- 16,000 Tomans a year, and the Islands of Hormus and Kishm, the
Muscat. Imam's hereditary possessions, were ceded to Persia.
* Translated purport of an Order from His Royal Highness Tamasp Mieza Moayed-
ed-Dowlah, dated Shaban 1272 H., A. r>. 1855.
By order and permission of the ministers of the exalted government of Persia and
on the following conditions, we entrust the government of Bunder Abbas, the Islands of
Kishm and Hormuz, and the districts of Ossein, Tazyan, Shemie, Minah, Khameer, and
Biyahan, and all their dependencies that are all the very territories of the exalted govern-
ment, to His Highness Syud Saeed Khan, the Imam of Muscat and Oman. His
H ighness should act according to these conditions and not avoid any of them : —
Aeticle 1.
That the Chief of Bunder Abbas should be a dependent of the Persian government,
and give a writing to that effect to the ministers of that government, and, like all other
Chiefs in Fare, must obey the Governor General of Pars.
Aeticle 2.
That His Highness should remit with a confidential man of his, in four instalments,
the annual sum, as herein detailed, of sixteen" thousand Tomans on account of the revenue,
peslikush, and present for Bunder Abbas, getting a receipt for the same from the Go-
vernor General of Fare.
Total 16,000 Tomans
fRevenue
J Peshkush for Prime Minister
Ditto for Governor General of Fare
(.Present for Shoja-cl-Moolk
12,500 Tomans.
2,000 ditto.
1,000 ditto.
500 ditto.
Aeticle 3.
That His Highness should cause the ditch that is now being dug around the fort of
Bunder Abbas, to be filled in, and it should never be re-dug again.
Aeticle 4.
That until twenty years the Imam of Muscat and his son will have the right of
the government of Bunder Abbas, and after the expiration of twenty years, they will
have to repair the place and make it over to the Persian government. Should the minis-
ters of the exalted government then again wish to grant the government of Bunder
Abbas to the Imam and his sons, they will, through friendship, do so under a new Firman
and instructions, otherwise they can occupy the place and depute another Chief there.
Aeticle 5.
That they should always fly the Persian flag at Bunder Abbas, and there will always
be a few Persians there to take care of the flag. A Taskarachee also will be appointed and
sent to remain permanently at Bunder Abbas. Every respect due to the Persian flag
should be brought into effect. There will be a monthly courier sent to Bunder Abbas to
TREATIES, ENGAGEMENTS, AND SUNNUDS.
205
In 1854 the Imam ceded (No. LVIIL) to the British Crown the PERSIAN
Kooria Mooria Islands on the south coast of Arabia. The islands are GULF,
valuable only for the guano deposits which are found on them. Muscat.
take newspapers and to look after the flag and its attendants. On all festivals and on the
anniversary of the Shah's birthday a salute should bo fired. The usual morning and even-
ing guns will also be fired.
Aeticle 6.
The Chief of Bunder Abbas should in no respect annoy or oppress the subjects and
inhabitants of that place who have for some years past served the Persian government,
but on the contrary he must take great care of them.
Aeticle 7.
The Chief of Bunder Abbas should not interfere with any other places than those
that have been since the time of the late Fath Ali Shah and are at present under his
authority.
Aeticle 8.
Should at any time the Governor General of Fars or Governor of Laristan desire to
go for recreation or sport to Bunder Abbas, the Chief, like other Chiefs, should pay the
necessary respect of receiving and every due attention.
Aeticle 9.
In the event of the Governor General of Fars or Governor of Kerman requiring, in
certain emergent cases, to send troops to Cutch, Mckran, or Beloochistan, the Chief of
Bunder Abbas, like those of other places, should not fail in attending to his wants, giving
provisions and guides, paying the necessary respect on their departure, and doing all like
services.
Aeticle 10.
In case the Governor General of Fars finding any fault in the Chief of Bunder Abbas,
the Imam immediately, on its being brought to his notice, should, without any excuse, dis-
charge the Chief and depute another whom he may deem fit, and who would be obedient
to the Governor General of Fars.
Aeticle 11.
Should any of the subjects of Laristan, Sabaa, and other districts of Fars, or of any
of the districts of Kerman, emigrate to Bunder Abbas, on notice being given by the Chief
of such district, the Chief of Bunder Abbas should return them to their places.
Aeticle 12.
These conditions have been made with the present living Imam Syud Saeed Khan
and his sons. But should at any time an usurper get into possession of Muscat, the minis-
ters of the Persian government will not be bound to any of these conditions.
Aeticle 13.
As long as Bunder Abbas, the above-mentioned two Islands, Shernil, Minab, and their
dependencies are in the hands of the Imam of Muscat, he should not allow any Officers of
foreign governments to go there. He should also promise to protect those places by land
and sea, providing for every port having an anchorage some ships, bughlas, and other
206
TREATIES, ENGAGEMENTS, AND SUNNUDS.
PBR6IAH
.il'LF.
JJUM\tt.
Syud Saeed died in 1856. In 1844 he had intimated his desire to
appoint his sons Syud Khalid and Syud Thowaynee as his successors in
his African and Asiatic dominions respectively, and had appointed them
his deputies. Syud Thowaynee accordingly succeeded to the govern-
ment of Muscat on his father's death. In virtue of his succession to the
Chiefship of Oman, he claimed also feudal supremacy over Zanzibar* and
prepared to establish his claim by force of arms. The dispute was sub-
mitted to the arbitration of Lord Canning, who decided (No. LIX.) that
Zanzibar should be independent of Muscat, but should pay an annual
subsidy of 40,000 crowns.
In 1865 a Convention (No. LX.) was made with the Imam for the
extension of the Electric Telegraph through his Dominions in Arabia
and Mekran.
vessels of war. He should further promise to protect all the boundaries of the above-
mentioned places from all interference and intrusion of strangers, whether in an amicable
or hostile manner. He should not at any time allow any ship, bughla, or other vessels of
war, or any hostile person armed or otherwise, Arab or foreign, to approach or get a footing
at Bunder Abbas or the Persian territory with hostile intentions or other prctexcs.
Article 14.
The Imam of Muscat, notwithstanding these conditions, has not the right of letting
Bunder Abbas and the above said places to any foreigner or others. He can only himself
hold them, appointing one of his relatives for the management thereof, who would act in
accordance with these conditions.
Article 15.
It is reported by Persian merchants that formerly an Indian, the Contractor of Cus-
toms at Muscat, had deputed an Agent at Bunder Abbas, and there received the Muscat
duty for goods sent from Bunder Abbas to India and other places, whereas no such rules
exist in any country as charging the duty of one place, where the goods are not being sent,
in another. As this proceeding is against rules and customs, the Imam should prevent the
occurrence thereof hereafter, and should only levy 6uch export and import duty as the
late Sheikh Saif used to do, and no more.
Article 16.
The merchandize detained on the Island of Kishm should be brought to Bunder Ab-
bas and distributed to their respective consigners there through Hajee Abd-el Mahomed,
the Melek-el Toojjar of Bushire, and their receipts taken and sent to Tehran.
* See below, Zanzibar.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 207
Sohar. — The present ruling1 family of Muscat are, as has been PERSIAN
already noted, descended from Ahmed bin Saeed, the Governor of Sohar, GULP.
who, in 1730, expelled the Persians and became the first Imam of Muscat.
Muscat. Syud Ghes, of Sohar, who had attempted to supplant his
nephew Syud Saeed in the government of Muscat, was killed in 1808,
and his family were deprived of their patrimony. In 1830, however,
his grandson Syud Hamood bin Azan, the cousin of Syud Saeed,
taking advantage of the absence of the latter at Zanzibar, regained
possession of Sohar and compelled the Imam to restore to him also
other districts on payment of tribute. His popularity in Oman was
great, and, but for the intervention of the British Government, he would
have succeeded in dismembering the Muscat possessions. In 1839
a reconciliation was effected between Syud Saeed and Syud Hamood
through the mediation of the Resident in the Persian Gulf, and an
engagement (No. LXI.) was mediated between them, by which they
engaged to abstain from aggressions on each other, and to admit free
intercourse and trade between their respective possessions. The Imam
also bound himself to support the Chief of Sohar when attacked by
his enemies.
By this agreement the Chief of Sohar became independent. As
the general engagements for the suppression of the slave trade in the
Persian Gulf were concluded while the relations of Sohar to Muscat
were still undefined, a formal agreement had not been concluded with
Syud Hamood. But in 1848 he was invited to enter into the general
arrangements, and accordingly a Treaty* (No. LXIL) similar to those
concluded with the other maritime states for the suppression of the slave
trade, was concluded, on 22nd May 1849, with his son Syud Saif, who
was then in possession of the government. Syud Saif, who had usurped
his father's authority, was soon afterwards put to death by him.
The Treaty concluded in 1839 between Muscat and Sohar contained
no Article by which the British Government undertook to guarantee its
conditions. But the very formal manner in which it was negotiated was
considered to make it more than usually binding on both parties. Not-
withstanding this, Syud Thowaynee, who governed Muscat during his
* An Act of Parliament, 10 and 17 Vic, Chap. 16, was passed to carry this Treaty into
effect. See Appendix. «
208 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIAN father's absence at Zanzibar, treacherously seized Syud Hamood at a
<11 '•' • friendly conference ami laid Beige (SO Sohar by land and sea.. Failing in
No. LI. his attempts to take the fort, he returned to Muscat, carrying his prisoner
X[Mcai. with him. Syud Hamood died from the rigour of his confinement on
23rd April 1850. Syud Ghes, his brother, took up arms to avenge his
death, and, with the help of the Joasmees, took Sliinas and several other
forts. The Imam, however, returning from Muscat, gained over the
Joasmees to his side, and defeated Syud Ghes, from whom he took Sohar,
leaving to him Roostak and Hebee, and assigning him a monthly stipend
of 200 crowns.
On the death of Syud Saeed, his son Syud Toorkee, who had been
placed in the government of Sohar, made several unsuccessful attempts
to make himself independent of his elder brother Syud Thowaynee and
to create a rebellion in Oman.
No. LI.
Translation of the Cowlnamah, or written Engagement from the Imam of
Muscat.
Deed of Agreement from the State of the Omanian asylum, under the approbation
of the Imam, the Director, Syud Sultan, whose grandeur be eternal ! to the high
and potent English Company, whose greatness be perpetuated ! as compre-
hended in the following articles : —
Article 1.
From the intervention of the Nawab Etmandi Adowla Mirza
Mehedy Ally Khan Bahadoor Hurhmut Jung never shall there be any
deviation from this Cowlnamah.
TREATIES, ENGAGEMENTS, AND STJNNUDS.
209
Article 2.
From the recital of the said Nawab my heart has Income disposed
to an increase of the friendship with that State, and from this day forth
the friend of that Sircar is the friend of this, and the friend of this
Sircar is to be the friend of that \ and, in like manner, the enemy of that
Sircar is the enemy of this, and the enemy of this is to be the enemy
of that.
Article 3.
Whereas frequent applications have been made, and are still making-,
by the French and Dutch people for a Factory, i. <?., to seat themselves
in either at Muscat or Goombroon, or at the other ports of this Sircar,
it is therefore written that, whilst warfare shall continue between the
English Company and them, never shall, from respect to the Company's
friendship, be given to them throughout all my territories a place to
fix or seat themselves in, nor shall they get even ground to stand upon
within this State.
Article 4.
As there is a person of the French nation, who has been for these
several years in my service, and who hath now gone in command of one
of my vessels to the Mauritius, I shall, immediately on his return,
dismiss him from my service and expel him.
PERSIAN
GULF.
No. LI.
Muscat.
Article 5.
In the event of any French vessel coming to water at Muscat,
she shall not be allowed to enter the cove into which the English vessels
are admitted, but remain without ; and in case of hostilities ensuing here
between the French and English ships, the force of this State by land
and by sea, and my people, shall take part in hostility with the English,
but on the high seas I am not to interfere.
Article 6.
On the occurrence of any shipwreck of a vessel or vessels apper-
taining to the English, there shall certainly be aid and comfort afforded
on the part of this government, nor shall the property be seized on.
VOL. VII. 2 (I
i\0
TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIAN
GULP.
Noa.LI
& LIL
Muscat.
Article 7.
In the port of Abassy (Goombroon) whenever the English shall be
disposed to establish a Factory,' I have no objection to their fortifying
the same and mounting guns thereon, as many as they list, and to
forty or fifty English gentlemen residing there, with seven or eight
hundred English Sepoys, and for the rest, the rate of duties on goods
on buying and selling will be on the same footing as at Bussora and
Abushehr.
Bated 1st of Jemmadee-nl-Awul 1213, Hegira, or 12M of October
1798.
L. S.
No. LIL
L. S.
An Agreement entered into by the Imam of the State of Oman with Captain
John Malcolm Bahadoor, Envoy from the Right Honourable the Governor
General, dated the 21st of Shaban 1213 Hegira, or 18th January 1800.
Article 1.
The Cowlnamah entered into by the Imam of Oman with Mehedy
Ally Khan Bahadoor remains fixed and in full force.
Article 2.
As improper reports of a tendency to interrupt the existing harmony
and create misunderstanding between the States have gone abroad, and
have been communicated to the Right Honourable the Governor General,
the Earl of Mornington, k. p. ; with a view to prevent such evils in
future, we, actuated by sentiments of reciprocal friendship, agree that
TREATIES, ENGAGEMENTS, AND SUNNUDS.
211
an English gentleman of respectability, on the part of the Honourable PERSIAN
Company, shall always reside at the port of Muscat, and be an Agent gulf.
through whom all intercourse between the States shall be conducted, in
order that the actions of each government may be fairly and justly
stated, and that no opportunity may be offered to designing men, who
are ever eager to promote dissensions, and that the friendship of the
two States may remain unshook till the end of time, and till the sun
and moon have finished their revolving career.
L. S.
Sealed in my presence.
(Signed) John Malcolm,
Envoi/.
Approved by the Governor General in Council on 26th April 1800.
No. LIII.
Translation.
Nos. LII
& LIII.
Muscat.
In the name of the Most High God ! In the name of the Most High God !
Particulars of the requisitions which
were made by Captain Moresby, Com-
mander of the Ship "Meani," who
arrived at the port of Muscat on the
9th of the sacred (month of) Zilhujjah
1237 (27th August 1822) from the
Island of Mauritius, on the part of
the Governor Sir Bobert Farquhar
Bahadoor.
Answers to the requisitions which were
made by Captain Morseby on the part
of the Governor Sir Eobert Farquhar
Bahadoor, may his glory be eternal !
which (requisitions) are mentioned on
the back of this paper.
Article 1.
That you (the Imam) instruct
all the Officers in your dominions
to prevent the subjects from selling
slaves to Christians of all nations.
Article 1.
That we did write last season to
all our Officers to prohibit the sale
of slaves to all the Christian nations,
and we will send further instruc-
tions to them on the subject.
•: i z
TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIAN
GULF.
No. L11I.
Muscat.
Article 2.
That you do issue orders to all
your Officers, who are on your part
throughout your dominions, as well
in Zanzibar as in other places, to
the effect that if they discover per-
sons on board any Arab vessel buy-
ing slaves for the purpose of taking
them to Christian countries, they
(the Officers) should seize such
vessel with all that she may contain,
and should send to you the Na-
khoda (i. e., the Commander) and
the crew in order that you may
punish them.
Article 3.
That it shall be obligatory on
the crew of every vessel that shall
clandestinely convey slaves to
Christian countries to give, on their
return to an Arab port, information
to the Governor of that port in
order that he may punish the Com-
mander, and that if they fail to give
the information, all shall suffer
punishment.
Article 4.
That your Highness give us a
written order on your part to the
Governor of Zanzibar and your
other Governors in that quarter to
the effect that they do allow a per-
son to be stationed on our part in
Article 2.
That we will send orders to
all our Officers who are employed
throughout our dominions to the
effect that if they find any Arab
vessel buying slaves for the pur-
pose of taking them to Christian
countries, they must seize the vessel
and inflict punishment on persons
connected with her, even if they be
bound for the Island of Madagascar.
Article 3.
That we will instruct our Officers
and notify throughout our domi-
nions that the crew of a vessel con-
veying slaves for sale to Christian
countries are required, on their
return to an Arab port, to give
information to the Governor of the
port in order that he may punish
the Commander, but that if they
conceal (the fact), all shall suffer
punishment.
Article 4.
That a written order which you
wish to have, permitting the station-
ing of a person on your part in
Zanzibar and the neighbouring
parts for the purpose of obtaining
intelligence of the sale of slaves
TREATIES, ENGAGEMENTS, AND SUNNUDS.
213
any place in those countries which
we shall see fit, and that they do
allow us a place for residence in order
that we may obtain intelligence of
any vessel that may convey slaves
to Christian countries.
to Christian nations, has been
granted, and will reach through
the hands of the respected Captain
Moresby. May his dignity endure
for ever !
PERSIAN
GULP.
No. LIII.
Muscat.
Article 5.
That you give us a written per-
mission that if we find any vessel
laden with slaves for sale, carrying
them to Christian countries, after
four months from the date of such
written permission, we may seize
her.
Article 6.
That you do write to all your
Governors that on the sailing of
every vessel they shall write out a
pass for her, stating clearly what
port she is leaving and what
she is bound to, in order that
if our ships should meet a vessel
having no pass, but having on
board slaves for sale and proceeding
in the direction of the Christian
countries, they (the British ships)
may seize her; such a vessel, if
found within the line of the Island
of Madagascar and the neighbour-
hood of Zanzibar and Lamoo, to
be carried into Muscat for punish-
ment by you ; but if found sailing
beyond the Island of Madagascar
and in the sea of Mauritius, to be
seized by themselves (British ves-
Article 5.
That a written permission which
you wish to have, permitting you,
after four months, to seize , vessels
conveying slaves for sale to Christian
countries, will reach through the
hands of the said Captain.
Article 6.
That we will write to our Gov-
ernors regarding the granting of
a pass to every vessel proceeding on
a voyage, specifying therein the
port she sails from and the port she
is bound to, and you may seize every
vessel you may fall in with beyond
the Island of Madagascar and in
the sea of Mauritius after four
months from the date of the written
permission alluded to in the fifth re-
quisition; and if any vessel be found
on this side, the matter should come
to us, provided she do not possess a
pass from the Governor of the port
of departure.
:MI
TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIAN sels), and this (to take place) after
0ULF- four months from the date of the
written permission.
No. Li 1 1.
Muscat.
Here end the answers to the six
requisitions, and they have been
written by the most humble Abdul
K&hir bin Syud Mahomed Ali
Majid by order of his master, who
commands his obedience, Syud Saeed
bin Syud Sultan bin Imam Ahmed
bin Saeed Al Boo Saeedee.
Written on the 17th of the
sacred (month of) Zilhujjah 1237
one thousand two hundred and
thirty-seven of the Hegira, (4th
September 1822).
This is signed by the humble
Saeed bin Sultan with his own
hand.
Saeed
bin
Sultan
bin Ahmed.
TREATIES; ENGAGEMENTS; AND SUNNUDS.
215
Translation.
In the name of the Most High God! In the name of the Most High God
PERSIAN
GULP.
Particulars of an additional requisition
made by Captain Moresby for the sup-
pression (of the sale of) slaves carried
on board vessels to Christian countries.
It is necessary to define the line
beyond which we may seize Arab
vessels carrying slaves to Christian
countries after four mpnths from
the date of the written permission
mentioned in the fifth requisition.
Let it be understood that all vessels
on board of which there may be
slaves for sale, and which may be
found by our ships beyond a straight
line drawn from the Cape Delkada
and passing six zains (i. e.} sixty
miles) from Socotra on to Dieu,
shall be seized by our ships, but
that vessels found beyond the said
line driven by stress of weather or
by any other unavoidable circum-
stance shall not be seized.
Answer to the additional requisition
made by Captain Moresby for the
suppression (of the sale of) slaves
carried to Christian countries.
I permit the Captains of ships
belonging to the English govern-
ment to seize all Arab vessels car-
rying slaves to Christian countries
which may be found beyond a straight
line drawn from the Cape Delkada
and passing sixty miles from Socotra
on to Dieu* after the date of the
written permission mentioned in
the fifth requisition, but not to seize
vessels found beyond the line which
may have been driven by stress of
weather or any other unavoidable
circumstance.
"Written by Abdul Kahir bin
Syud Mahomed bin Syud Majid by
order of his master, who commands
his obedience, Saeed bin Syud
Sultan Imam Ahmed bin Saeed
Al Boo Saeedee.
Written on the 22nd Zilhujjah
1237, 9th September 1822.
No. LIII.
Muscat.
* Here is omitted four months.
21G TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIAN Translation of the annexed letter, dated 18th August 1845, from His Highness
GULF. the Imam of Muscat to Captain Hamebton, relative to the fourth Article of
the Treaty concluded on the 10th September 1822 by Captain Mokesby with
His Highness the Imam of Muscat.
Nos. LI II
&LIV.
H M ■ ■'•
After Compliments. — Your excellent letter has reached, and your
friend understood its contents ; you mention that you have received a
letter from the mighty government, containing orders to you to bring to
our notice that, in the fourth Article of the Treaty we concluded with
Captain Moresby in the year 1822, it is mentioned in the English version
that it is incumbent on us, and our heirs and Governors, to assist in
apprehending English subjects engaged in the slave trade, but that such
is not mentioned in the Arabic version of the Treaty, and my friend (you)
considering it not necessary to alter the Treaty, nevertheless we con-
sider it incumbent on us, our heirs and Governors, that we should assist
to apprehend English subjects who may be engaged in the slave trade.
Therefore whoever may be accredited from the government, and require
assistance from us, shall receive it accordingly. "Whatever you may re-
quire let us know, and peace be on you.
Dated 4>t/i Shaban 1241, \Wi August 1845.
No. LIV.
Tbeaty of Commerce between Her Majesty the Queen of the United Kingdom
of Great Britain and Ireland and His Highness Sultan Seid Saeed bin
Sultan, Imam of Muscat.
Preamble.— Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, and His Highness the Sultan of Muscat and
its dependencies, being desirous to confirm and strengthen the good
understanding which now subsists between them, and to promote by
means of a convention the commercial intercourse between their respective
subjects ; and His Highness the Sultan of Muscat being, moreover,
desirous to record in a more formal manner the engagements entered
into by His Highness on the 10th of September 1822, for the perpetual
abolition of the slave trade between the dominions of His Highness
TREATIES, ENGAGEMENTS, AND SUNNUDS.
217
and all Christian nations, they have accordingly appointed as the
Plenipotentiaries, that is to say, Robert Cogan, Esq., a Captain in the
Naval Service of the East India Company, on behalf of Her Majesty
the Queen of the United Kingdom of Great Britain and Ireland, &c, &c,
and Hasin bin Ebrehim, and Ali bin Naser on behalf of His Highness
the Sultan of Muscat, &c, &c, who having communicated their full
powers found to be in due and proper form, have agreed upon and
conclude the following Articles : — ■
PERSIAN
GULP.
No. LIV.
Muscat.
Article 1.
The subjects of His Highness the Sultan of Muscat shall be at
liberty to enter, reside in, trade with and pass with their merchandize
through all parts of Her Britannic Majesty's dominions in Europe and
in Asia, and shall enjoy in those dominions all the privileges and
advantages, with respect to commerce or otherwise, which are or may be
accorded therein to the subjects or citizens of the most favored nations ;
and the subjects of Her Britannic Majesty shall, in like manner, have full
liberty to enter, reside in, trade with and pass with their merchandize
through all parts of the dominions of His Highness the Sultan of Mus-
cat, and shall in those dominions enjoy all the privileges and advantages,
with respect to commerce or otherwise, which are or may be accorded
therein to the subjects or citizens of the most favored nation.
Article 2.
British subjects shall be at liberty to purchase, sell, or hire land or
houses in the dominions of His Highness the Sultan of Muscat.
The houses, ware-houses, or other premises of British subjects, or of
persons actually in the service of British subjects in the dominions of
His Highness the Sultan of Muscat, shall not be forcibly entered, nor
on any pretext searched without the consent of the occupier, unless
with the cognizance of the Consul or British Resident Agent. But
such Consul or Resident Agent, on just cause being adduced by the
authorities of His Highness the Sultan of Muscat, shall send a competent
person, who, in concert with the Officers of His Highness the Sultan of
Muscat, shall conduct the search, and shall prevent the use of unneces-
sary violence or of improper resistance.
VOL. VII. 2 6
218
TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIAN
GULF.
No. L1V.
Muscat.
Article 3.
The two high contracting parties acknowledge reciprocally to each
other the right of appointing Consuls to reside in each other's dominions
wherever the interests of commerce may require the presence of such
Officers, and such Consuls shall at all times be placed in the country in
which they reside on the footing of the Consuls of the most favored nations.
Each of the high contracting parties further agrees to permit his own
subjects to be appointed to consular offices by the other contracting party,
provided always that the persons so appointed shall not begin to act
without the previous approbation of the sovereign whose subjects they
may be.
The public functionaries of either government residing in the
dominions of the other shall enjoy the same privileges, immunities, and
exemptions which are enjoyed within the same dominions by similar
public functionaries of other countries.
Article 4.
Subjects of the dominions of His Highness the Sultan of Muscat,
actually in the service of British subjects in those dominions, shall enjoy
the same protection which is granted to British subjects themselves, but
if such subjects of the dominions of His Highness the Sultan of Muscat
shall be convicted of any crime or infraction of the law requiring punish-
ment, they shall be discharged by the British subject in whose service
they may be, and shall be delivered over to the authorities of His High-
ness the Sultan of Muscat.
Article 5.
The authorities of His Highness the Sultan of Muscat shall not
interfere in disputes between British subjects or between British subjects
and the subjects or citizens of other Christian nations. When differences
arise between a subject of the dominions of His Highness the Sultan of
Muscat and a British subject, if the former is the complainant, the cause
shall be heard by the British Consul or Resident Agent, who shall admi-
nister justice thereupon. But if the British subject is the complainant
against any of the subjects of His Highness the Sultan of Muscat, or
the subjects of any other Mahomedan power, then the cause shall be
TREATIES, ENGAGEMENTS, AND SUNNUDS.
219
decided by the highest authority of His Highness the Sultan of Muscat,
or by persons nominated by him, but in such case the cause shall not be
proceeded in except in the presence of the British Consul or Resident
Agent, or of some person deputed by one or other of them, who shall
attend at the Court House, or where such matter shall be tried. In
causes between a British subject and a native of the dominions of His
Highness the Sultan of Muscat, whether tried before the British Consul
or Resident Agent, or before the above-mentioned authority of His High-
ness the Sultan of Muscat, the evidence of a man proved to have given
false testimony on a former occasion shall not be received.
PERSIAN
GULF.
No. LIV.
Muscat.
Article 6.
The property of a British subject who may die in the dominions of
His Highness the Sultan of Muscat, or of a subject of His Highness the
Sultan of Muscat who may die in the British dominions, shall be delivered
over to their heirs, or executors, or administrators of the deceased, or to
the respective Consul or Resident Agent of the contracting parties, in
default of such heirs, or executors, or administrators.
Article 7.
If a British subject shall become bankrupt in the dominions of His
Highness the Sultan of Muscat, the British Consul or Resident Agent
shall take possession of all the property of such bankrupt, and shall give
it up to his creditors to be divided among them. This having been done,
the bankrupt shall be entitled to full discharge of his creditors, and he
shall not at any time afterwards be required to make up his deficiency,
nor shall any property he may afterwards acquire be considered liable
for that purpose. But the British Consul or Resident Agent shall use
his endeavors to obtain, for the benefit of the creditors, any property
of the bankrupt in another country, and to ascertain that every thing
possessed by the bankrupt at the time when he became insolvent has
been given up without reserve.
Article 8.
If a subject of His Highness the Sultan of Muscat should resist
or evade payment of his just debts to a British subject, the authorities
220 TREATIES, ENGAGEMENTS, AND SUNNUDS.
TERSIAN of His Highness shall afford to the British subject every aid and facility
WW in recovering the amount due, and in like manner the British Consul or
No. L1V. Resident Agent shall afford every aid and facility to subjects of His High-
NiBcat, ness the Sultan of Muscat in recovering debts justly due to them from
a British subject.
Article 9.
No duty exceeding 5 per cent, shall be levied at the place of entry
in the dominions of His Highness the Sultan of Muscat on any goods,
the growth, produce, or manufacture of the dominions of Her Britannic
Majesty imported by British vessels, and this duty shall be deemed to be
a full payment of all import and export and tonnage duties of license
to trade, of pilotage and anchorage, and of any other charge by govern-
ment whatever upon the vessels or upon the goods so imported or ex-
ported. Nor shall any charge be made on that part of the cargo which
may remain on board unsold ; and no additional or higher duty shall be
levied upon these goods when afterwards transported from one place to
another in the dominions of His Highness ; but the above-mentioned
duty having once been paid, the goods may be sold by wholesale or retail
without any further duty. No charge whatever shall be made on British
vessels which may enter the ports of His Highness for the purpose of
refitting or for refreshments, or to enquire about the state of the market.
Article 10.
No articles whatever shall be prohibited from being imported into or
exported from the territories of His Highness the Sultan of Muscat, but
the trade between the dominions of Her Britannic Majesty and those
of His Highness the Sultan of Muscat shall be perfectly free, subject to
the above-mentioned duty upon goods imported, and to no other; and
His Highness the Sultan of Muscat hereby engages not to permit the
establishment of any monopoly or exclusive privilege of sale within his
dominions except in the articles of ivory and gum copal on that part
of the east coast of Africa from the Port of Tangate situated in about
five and a half degrees of south latitude to the Port of Quila lying in
about seven degrees south of the equator, both ports inclusive ; but in
all other ports and places in His Highnesses dominions there shall be no
TREATIES, ENGAGEMENTS, AND SUNNUDS.
221
monopoly whatever, but the subjects of Her Britannic Majesty shall be
at liberty to buy and sell with perfect freedom from whomsoever and to
whomsoever they chose, subject to no other duty by government than
that before mentioned.
Article 11.
If any disputes should arise in the dominions of His Highness the
Sultan of Muscat as to the value of goods which shall be imported by
British Merchants and on which the duty of 5 per cent, is to be levied,
the Custom Master, or other authorized Officer acting on the part of
government of His Highness the Sultan of Muscat, shall be entitled to
demand one-twentieth part of the goods in lieu of the payment of 5
per cent., and the Merchant shall be bound to surrender the twentieth
part so demanded whenever, from the nature of the articles, it may be
practicable to do so ; but the Merchant having done so, shall be subject
to no further demand on account of customs on the other nineteen-
twentieths of those goods in any part of the dominions of His High-
ness the Sultan of Muscat to which he may transport them. But if
the Custom Master should object to levy the duty in the manner afore-
said by taking one-twentieth part of the goods, or if the goods should
not admit of being so divided, then the point in dispute shall be referred
to two competent persons, one chosen by the Custom Master and the
other by the importer, and a valuation of the goods shall be made, and
if the referees shall differ in opinion, they shall appoint an arbitrator^
whose decision shall be final, and the duty shall be levied according to
the value thus established.
Article 12.
It shall not be lawful for any British Merchant to expose his goods
for sale for the space of three days after the arrival of such goods, unless,
before the expiration of such three days, the importer and Custom
Master shall have agreed as to the value of such goods. If the Custom
Master shall not within three days have accepted one of the two modes
proposed for ascertaining the value of the goods, the authorities of His
Highness the Sultan of Muscat, on application being made to them to
that effect, shall compel the Custom Master to choose one of the two modes
by which the amount of the customs to be levied is to be determined.
PERSIAN
GULP.
No. LIV.
Muscat.
222 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIAN Article 13.
If it shall happen that either the Queen of England or His High-
No. LIV. nesg fjjg suitan of Muscat should be at war with another country, the
subjects of Her, Britannic Majesty and the subjects of His Highness
the Sultan of Muscat shall nevertheless be allowed to pass such country
through the dominions of either power with merchandize of every de-
scription except warlike stores, but they shall not be allowed to enter any
port or place actually blockaded or besieged.
Article 14.
Should a vessel under the British flag enter a port in the dominions
of His Highness the Sultan of Muscat in distress, the local authorities
at such port shall afford all necessary aid to enable the vessel to refit
and to prosecute her voyage, and if any such vessel should be wrecked on
the coast of the dominions of His Highness the Sultan of Muscat, the
authorities of His Highness shall give all the assistance in their power to
recover and to deliver over to the owners all the property that can be saved
from such vessel. The same assistance and protection shall be afforded
to vessels of the dominions of His Highness the Sultan of Muscat, and
property saved therefrom under similar circumstances in the ports and
on the coasts of the British dominions.
Article 15.
His Highness the Sultan of Muscat hereby renews and confirms
the engagements entered into by His Highness with Great Britain on
the 10th of September 1822 for the entire suppression of slave trade
between his dominions and all Christian countries; and His Highness
further engages that the ships and vessels of war belonging to the East
India Company shall be allowed to give full force and effect to the
stipulations of the said Treaty, agreeably with the conditions prescribed
therein, and in the same manner as the ships and vessels of Her Britannic
Majesty.
Article 16.
It is further acknowledged and declared by the high contracting
parties that nothing in this Convention is intended in any way to inter-
TREATIES, ENGAGEMENTS, AND SUNNUDS.
223
fere with, or rescind any of the rights or privileges now enjoyed by the
subjects of His Highness the Sultan of Muscat in respect to commerce
and navigation within the limits of the East India Company's Charter.
Article 17.
The present Convention shall be ratified, and the ratifications thereof
shall be exchanged at Muscat or Zanzibar as soon as possible, and, in any
case, within the space of fifteen months from the date hereof.
Bone on the Island and at the Town of Zanzibar this thirty-first day
of May in the year of Christ eighteen hundred and thirty-nine, correspond-
ing with the seventeenth of the month Rubbee-ul-Awul of the VI Hegira
twelve hundred and fifty-five.
PERSIAN
GULF.
No. LIV.
Muscat,
Fobm of Declaration made on the part of the British Government previous
to exchange of the ratifications.
The undersigned Samuel Hennell, Esq., a Captain in the Mili-
tary Service of the East India Company, and Resident in the Persian
Gulf, appointed on behalf of Her Majesty the Queen of the United
Kingdom of Great Britain and Ireland to exchange Her Majesty's rati-
fication of the Treaty of Commerce concluded at Zanzibar, on the 31st
May 1839, by Robert Cogan, Esq., a Captain in the Naval Service of
the East India Company on the part of Her said Majesty, and by Hassan
bin Ebrehim, and Mahabat Ali bin Nasir, on the part of His Highness
the Sultan of Muscat, against the ratification of the same Treaty by
His Highness the Sultan of Muscat, is commanded by the Queen, in
order to avoid any possible misunderstanding as to the meaning of the
words contained in the ninth Article of the said Treaty, u any other
charge by government whatever," to declare to Syud Mahomed Ibin Syud
Shurruf, appointed by His Highness the Sultan of Muscat, to exchange
His Highnesses ratification, that the aforesaid words are by Her Majesty
taken and understood to mean " any other charge whatever made by the
government, or by any local authority of the government."
Muscat, this twenty-second day of July 1840.
L. S.
(Signed) S. Hennell.
t ! I
.- .- r
TREATIES, ENGAGEMENTS, AND SUNNUDS.
TERSIAN
cii.f.
No. LIV.
Muscat.
Fobm of Declaration made on the part of the Muscat Government previous to
exchange of the ratifications.
The undersigned Syed Mahomed Ibin Syud Shurruf, appointed by
His Highness the Sultan of Muscat to exchange His Highnesses ratifica-
tion of the Treaty of Commerce concluded at Zanzibar, on the 31st May
1839, by Robert Cogan, Esq., a Captain of the Naval Service of the
East India Company on the part of Her Majesty the Queen of the
United Kingdom of Great Britain and Ireland, and by Hassan bin Ebre-
him, and Mahabat Ali bin Nasir, on the part of His Highness the
Sultan of Muscat, against the ratification of the same Treaty by Her
Majesty the Queen of the United Kingdom of Great Britain and Ireland,
having received from Samuel Hennell, Esq., a Captain in the Military
Service of the East India Company, and Resident in the Persian Gulf,
appointed to act in this matter on behalf of Her said Majesty, a declara-
tion stating that, in order to avoid any possible misunderstanding as to
the meaning of the words " any other charge by government whatever/'
contained in the ninth Article of the said Treaty, the aforesaid words are by
Her Majesty taken and understood to mean " any other charge whatever
made by the government, or by any local authority of the government,"
the undersigned Syud Mahomed Ibin Syud Shurruf, being duly authorised
by His Highness the Sultan of Muscat, hereby accepts and adopts the
said declaration in the name and on the behalf of His Highness the
Sultan of Muscat.
Muscat, this twenty-second day of July 1840.
L. 8.
(Signed) Syud Mahomed Ibin Syud Shurruf.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
225
Form of Certificate signed on the exchange of the ratifications.
The undersigned having met together for the purpose of exchang-
ing the ratifications of a Treaty of Commerce between Her Majesty the
Queen of the United Kingdom of Great Britain and Ireland and His
Highness the Sultan of Muscat, concluded and signed at Zanzibar on the
31st day of May 1839, and the respective ratifications of the said instru-
ment having been carefully perused, the said exchange took place this
day in the usual form.
In witness whereof they have signed the present Certificate of
exchange and have affixed thereto their respective Seals.
Done at Muscat, the twenty-second clay of July 1840.
L. S.
(Signed) S. Hennell.
L. S.
Syud Mahomed Ibin Syud Shurruf.
PERSIAN
GULF.
No. LIV.
Muscat.
Translation of the ratification of His Highness the Imam of Muscat to the
Treaty of Commerce.
We having duly considered the Treaty above drawn out have ap-
proved, accepted, and confirmed the several Articles and Clauses therein set
forth, and by this document do hereby approve, accept, and confirm the
same for ourselves, our heirs and successors. Accordingly we do by our
word promise and engage sincerely and faithfully to perform all and
every thing set forth and contained in the aforesaid Treaty, and further
that to the utmost of our power we will allow no one to violate and
infringe this engagement in any way whatsoever. In witness whereof
we have directed our seal to be affixed to this document, which we have
signed with our own hand in this our Port of Muscat this 22 nd day of
Jemmadee-ul-Awul a. h. 1256, according to 22nd July 1840 of the
Christian era.
L. S.
VOL. VII.
(Signed) Syud Saeed.
2/
226 TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIAN No. LV.
Translation of additional Articles regarding the suppression of the foreign
No. LV. slave trade, entered into by His Highness Saekd Syud bin Sultan, the Imam
Muscat. of Muscat.
I agree that the following Articles be added to the above Treaty
concluded by Captain Moresby on the aforesaid date : —
Article 1.
That the government cruizers, whenever they may meet any vessel
belonging to my subjects beyond a direct line drawn from Cape Delgado,
passing two degrees seaward of the Island of Socotra and ending at
Pussein, and shall suspect that such vessel is engaged in the slave trade,
the said cruizers are permitted to detain and search it.
Article 2.
Should it on examination be found that any vessel belonging to
my subjects is carrying slaves, whether men, women, or children, for
tale beyond the aforesaid line, then the government cruizers shall seize
and confiscate such vessel and her cargo. But if the said vessel shall
pass beyond the aforesaid line owing to stress of weather, or other case
of necessity not under control, then she shall not be seized.
Article 3.
As the selling of males and females, whether grown up or young,
who are " Hoor" or free, is contrary to the Mahomedan religion, and
whereas the Soomalees are included in the Hoor or free, I do hereby
agree that the sale of males and females, whether young or old, of the
Soomalee tribe, shall be considered as piracy, and that four months
from this date, all those of my people convicted of being concerned in
such an act shall be punished as pirates.
Bated lOtk Showal 1255 a. h., corresponding to the 17 1 A Bccemler
a. d. 1839.
Seal of
Syud Bin
Sultan.
TREATIES, ENGAGEMENTS, AND SUNNUD8,
227
No. LVI.
Agreement between Her Majesty the Queen of the United Kingdom of Great .
Britain and Ireland and His Highness Syud Saeed bin Sultan, "tho
Sultan of Muscat," for the termination of the export of slaves from the
African Dominions of His Highness the Sultan of Muscat.
Her Majesty the Queen of the United Kingdom of Great Britain
and Ireland being earnestly desirous that the export of slaves from the
African dominions of His Highness the Sultan of Muscat should cease,
and His Highness the Sultan of Muscat, in deference to the wishes of
Her Majesty and of the British nation, and in furtherance of the dictates
of humanity which have heretofore induced him to enter into engage-
ment with Great Britain to restrict the export of slaves from his domi-
nions, being willing to put an end to that trade, and Her Majesty the
Queen of the United Kingdom of Great Britain and Ireland and His
Highness the Sultan of Muscat having resolved to record with due form
and solemnity this further restriction of the export of slaves, and Her
Majesty having given due authority to Captain Hamerton, Her Repre-
sentative at the Court of the Sultan of Muscat, to conclude an agree-
ment with His Highness, accordingly His Highness Saeed Syud bin
Sultan, for himself, his heirs and successors, and Captain Hamerton, on
behalf of the Queen of the United Kingdom of Great Britain and
Ireland, her heirs and successors, have ag-reed upon and concluded the
following Articles : —
Article 1.
His Highness the Sultan of Muscat here engages to prohibit, under
the severest penalties, the export of slaves from his African domi-
nions, and to issue orders to his Officers to prevent and suppress such
trade.
Article 2.
His Highness the Sultan of Muscat further engages to prohibit,
under the severest penalties, the importation of slaves from any part of
Africa into his possessions in Asia, and to use his utmost influence with
all the Chiefs of Arabia, the Red Sea, and the Persian Gulf, in like
manner, to prevent the introduction of slaves from Africa into their
respective territories.
PERSIAN
GULF.
No. LVI
Muscat-.
. -
Tl< KATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIAN
GULF.
No. LVI.
Uutcot.
Article 3.
His Highness the Sultan of Muscat grants to the ships of Her
Majesty's Navy, as well as to those of the East India Company, permis-
sion to seize and confiscate any vessels, the property of His Highness
or of his subjects, carrying on slave trade, excepting only such as are
engaged in the transport of slaves from one port to another of his own
dominions in Africa between the port of Lamoo to the north and its
dependencies, the northern limit of which is the north point of
Kuyhoor Island in 1° 57' (one degree and fifty-seven minutes) South Lati-
tude, and the port of Kulvva to the south and its dependencies, the
southern limit of which is the Songa Manora or Pagoda Point in 9° 2'
(nine degrees and two minutes) South Latitude, including the Islands of
Zanzibar, Pemba, and Monfea.
Article 4.
This agreement to commence and have effect from the (1st) first
day of January 1847, (one thousand eight hundred and forty-seven) of
the year of Christ, and the 15th day of the month of Mahaneerun 1263,
(twelve hundred and sixty-three) of the Hegira.
Done at Zanzibar this Ind (second) day of October 1845, (one
thousand eight hundred and forty-Jive) of the year of Christ, and 29M
day of Ramzan 1261 (twelve hundred and sixty -one) of the Hegira.
(Signed) Atkins Hamerton,
Captain.
On behalf of Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, her heirs and successors.
Seal of
Captain
Hamebton.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
229
No. LVIL
Rules established by His Highness the Imam of Muscat, in April 1846, in
regard to the duties to be hereafter charged on the cargoes of vessels
putting into His Highness's ports.
In a letter dated the 13th April 1846, Captain Atkins Hamerton,
Her Majesty's Consul, and Honourable Company's Agent in the dominions
of His Highness the Imam of Muscat, reported that His Highness the
Imam of Muscat had ordered the following Rules to be henceforth
observed in regard to the landing or transhipment of the cargoes
of vessels putting into Muscat or into any of His Highness's other
ports : —
Article 1.
That the full duty of five per cent, shall be levied on all articles
transhipped from one vessel into another in all the ports and harbours
belonging to His Highness the Imam.
PERSIAN
GULP.
No. LVIL
Muscat.
Article 2.
That a vessel of any nation being obliged to put into any of His
Highness's ports through stress of weather, or for the purpose of refit,
shall not be required to pay duty on any part of her cargo which may
be landed and stored during the repair of the vessel provided it be
re-embarked in her.
Article 3.
That no duty shall, under any circumstances whatever, be levied
on stores the property of the British Government when landed at any
of His Highness's ports.
BSI TREATIES, ENGAGEMENTS, AND SUNNUDS.
~i\N No. LVIII.
GULF.
Muscat.
Deed of Cession of the Koria Moria Islands executed by Hrs Highness the
No. LVIII. Imam of Muscat in the presence of Captain Fremantle, Commanding Her
Majesty's Ship Juno, under date the 14th June 1854.
From the humble Saeed bin Sultan, to all and every one who may
see this paper, whether Mahomedans or others —
There has arrived to me from the powerful nation (England)
Captain Fremantle, belonging to the Royal Navy of the Great Queen,
requesting from me the (Jesair i bin Colfaim) Koria Moria Islands,
viz., Helaneea, Jibleea, Soda, Haski, and Gurzond; and I hereby cede
to the Queen Victoria the above-mentioned Islands, to be her possessions,
or her heirs and successors after her. In proof whereof I have hereunto
affixed my signature and seal, on behalf of myself and my son after me,
of my own free will and pleasure, without force, intimidation, or pecu-
niary interest whatsoever.
And be the same known to all to whom these presents may come.
Done at Muscat the YltJi day of the month Showal 1270, 14>th
July 1854.
Given under my hand,
Seal.
(Signed by the Imam.)
Done in the presence of me,
(Signed) Stephen G. Fremantle,
Captain, II. M.'s Ship " Juno.'
Muscat, the lkth July 1854.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
231
No. LDL
Lbtteb to His Highness Stud Thowaynee bin Saeed bin Sultan, of Muscat. .
Beloved and esteemed Friend !
I address your Highness on the subject of the unhappy differences
which have arisen between yourself and your Highnesses brother the
ruler of Zanzibar, and for the settlement of which your Highness has
engaged to accept the arbitration of the Viceroy and Governor General •
of India.
Having regard to the friendly relations which have always existed
between the Government of Her Majesty the Queen and the Govern-
ment of Oman and Zanzibar, and desiring to prevent war between kins-
men, I accepted the charge of arbitration between you, and in order to
obtain the fullest knowledge of all the points in dispute, I directed the
Government of Bombay to send an Officer to Muscat and Zanzibar to
make the necessary enquiries. Brigadier Coghlan was selected for this
purpose, an Officer in whose judgment, intelligence, and impartiality the
Government of India reposes the utmost confidence.
Brigadier Coghlan has submitted a full and clear report of all the
questions at issue between your H ighness and your brother.
I have given my most careful attention to each of these questions.
The terms of my decision are as follows : —
1st. — That His Highness Syud Majid be declared ruler of Zanzibar
and the African dominions of His late Highness Syud Saeed.
2nd. — That the ruler of Zanzibar pay annually to the ruler of
Muscat a subsidy of 40,000 crowns.
3rd. — That His Highness Syud Majid pay to His Highness Syud
Thowaynee the arrears of subsidy for two years, or 80,000 crowns.
I am satisfied that these terms are just and honourable to both of you ;
and as you have deliberately and solemnly accepted my arbitration, I
shall expect that you will cheerfully and faithfully abide by them, and
that they will be carried out without unnecessary delay.
The annual payment of 40,000 crowns is not to be understood as
a recognition of the dependence of Zanzibar upon Muscat, neither is it
to be considered as merely personal between your Highness and your
PERSIAN
GULF.
No. LIX.
Muscat.
23£ TK KATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIAN brother Syud Majid. It is to extend to your respective successors, and
GULF. is to be held to be a final and permanent arrangement, compensating'the
Ho. LIX. ruler of Muscat for the abandonment of all claims upon Zanzibar and
adjusting the inequality between the two inheritances derived from your
father His late Highness Syud Saeed, the venerated friend of the British
Government, which two inheritances are to be henceforward distinct
and separate.
I am your Highnesses
Fort "William 1 Sincere Friend and well wisher,
j/ ..,.-..•.'.
1
The 2nd April 1861. ) (Signed) Canning.
To His Exalted Excellency Loed Canning, Governor General of India,
&c, &c, &c.
In the name of the Great God !
After Compliments. — At a most propitious and favourable time we
were honoured with the receipt of your esteemed letter and were highly
gratified with its contents. What your Excellency has stated is most
satisfactory to us, more especially as regards your award betwixt us and
our brother Majid. We heartily accept the same, and are at a loss
how to express our regret for having occasioned you so much trouble,
and our appreciation of the kindness which has been manifested towards
us in this matter. We thank God for your efforts on our behalf, praying
also that your good will may be rewarded and that you may never cease
to be our support. We further pray that our sincere affection may
always be towards the Great (British) Government and that it may
increase continually : moreover, that your exalted affection and noble
solicitude may always be exercised towards us, and that we may never
be deprived thereof. As regards our brother Majid, we pray God during
our life time he may never experience any thing from us but kindness
and hearty good. will. Furthermore, we rely implicitly on your arbitra-
tion between us (being carried out) .
What your exalted Excellency may require in any way from your
attached friend, a hint alone will suffice for its accomplishment, and
we shall feel honoured in executing it.
TREATIES; ENGAGEMENTS, AND SUNNUDS.
233
We pray finally that you may be preserved to the highest honours PERSIAN
and in the most perfect health. We send you the salutation of peace as GULF.
the best conclusion. Nos- LIX
From your truly sincere friend, the servant of God, who confides &LX»
in him as the Giver of all good. Muscat.
(Sd.) Thowaynee bin Saeed bin Sultan.
Uh of Eb-Kaada 1277.
Voth Mag 1861.
No. LX.
Convention between the British Government and His Highness Syud Thowaynee
bin Saeed bin Sultan, the Sultan of Muscat, for the extension of the
Electric Telegraph through the dominions subject to the sovereignty of His
Highness in Arabia and Mekran.
Article 1.
That the British Government shall be at liberty to construct one
or more Telegraphic lines, and to erect Telegraph Stations, in any
portion of territory subject to the sovereignty of His Highness, both in
Arabia and Mekran, which shall be most convenient to them.
Article 2.
That the cost of materials, landing charges, labour, housing, provi-
sions, &c., &c, shall be paid by the British Government, who will make
any arrangement they consider most convenient regarding their own
supplies, labour, &c, the Sultan of Muscat undertaking that no impedi-
ment of any sort shall be thrown in their way in collecting them; on the
contrary, that every protection and assistance shall be given on his part.
Article 3.
That His Highness the Sultan of Muscat shall afford protection
to the best of his ability to the lines of Telegraph, the Telegraph
Stations, and the persons employed in their construction and main-
tenance.
vol. vii. 2 g
284
TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIAN
GULF.
NcLX.
Muscat.
Article 4.
Should any disagreements arise in the possessions of the Sultan of
Muscat, situate near Arabia, between the Telegraph officials and the
subjects of His Highness, the said disagreements shall be referred to the
British Political Officer at Muscat, if they cannot be satisfactorily
settled on the spot.
Article 5.
In like manner, should any disagreements arise in the possessions of
the Sultan of Muscat, situate in Mekran, between the Telegraph officials
and the subjects of His Highness, the said disagreements shall be
referred to the Assistant British Political Officer at Gwadur, if they
cannot be satisfactorily settled on the spot.
Article 6.
This Convention, together with any supplementary Articles that may
hereafter thereunto be added, is to be considered dependent for completion
and effect upon the approval of the British Government.
Done at Muscat this nineteenth day of January in the year of Christ
one thousand eight hundred and sixty-five, corresponding with the twentieth
day of the month Shaban of the Hegira one thousand two hundred and
eighty-one, day of the week Thursday.
(Signed) Herbert Disbrowe, Lieut. Colonel,
II. B. M.'s Pol. Agent at Muscat,
on the part of the British Govt.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
234 a
No. LXA.
Articles of Agreement agreed to before Lieutenant-Colonel Lewis Pelly, .
Her Britannic Majesty's Political Resident in the Persian Gulf, and
Lieutenant-Colonel Herbert Disbrowe, Her Britannic Majesty's Political
Agent at Birka, Muscat, by His Highness Syed Thoweynee bin Saeed bin
Sultan, tbe Sultan of Muscat, — under date this 17th day of November 1864.
Article 1.
My ancient and faithful ally, the British Government, is at liberty
to construct one or more lines of telegraphic communication anywhere
within the territories appertaining to the State of Muscat.
Article 2.
The British Government is further at liberty to construct one or
more lines of telegraphic communication in any territories which I may
bold in lease from the Shah of Persia.
Article 3.
I engage, for myself, my heirs, and successors, to respect and
abstain from all and every interference with telegraphic operations
carried on by the British Government in or near the territories of
Muscat.
Article 4.
And in the event (which God forbid) of any of my subjects or
dependants committing an act of aggression or trespass on the said
telegraphic lines and stations, or other telegraphic material, I will
immediately punish the offender, and proceed to afford full redress upon
the same being brought to my notice.
Article 5.
Nothing in these Articles shall be held as conferring any dominion
or sovereign right on the part of the British Government over the
territory of Muscat through which the line may pass, neither of any
additional dominion or right on my part as Sultan of Muscat over
territory which I may hold in lease from the Shah of Persia.
Article 6.
In like manner, nothing in these Articles shall be held as invalidat-
ing or derogating from the title of the British Government to the
station of Bassadore, that station having been freely granted to the
British Government by my late illustrious father, of blessed memory,
the late Imaum Syed Saeed bin Sultan, on behalf of himself, his heirs,
and successors.
VOL. VII., PAGE 234.
No. LXA
Muscat.
234$
TREATIES, ENGAGEMENTS, AND 8UNNUD8.
PKK8IAN
GULF.
No. LS.A.
No. LXB.
AETICLE 7.
Nothing in these Articles shall be held as invalidating any Article
of any Treaty entered into by myself or forefathers with our ancient and
faithful ally, the British Government, from the year 1798 downwards.
Dated Birka, Muscat, 17th November 1864. Signed in our pre-
sence by Syed Thoweynee bin Saeed, Sultan of Muscat, this 17th day
of November 1864, and sealed in our presence by His Highness's
Minister, Hajee Ahmed, at Muscat, this 18th day of November 1864.
(Sd.) Lewis Pelly, Lieut.-Col.,
H. B.M.'s Poltl. Resdt., Persian Gulf.
(Sd.) Herbert Disbrowe, Lieut.-Col.,
H. B. M.'s Poltl. Agent, Muscat.
Seal.
Agreement of the Imaum of Muscat relative to the slave-trade, Zanzibar, dated
May 6th, 1850.
From — Sxun Saeed, Sultan of Muscat.
To — The British Consul and Agent.
After compliments, — Your excellent letter has reached, and your
friend understood all you have mentioned; and, with reference to the
people of that quarter, from Sarga Manara to Tenghe, you say you wish
permission for the ships-of-war of Her Majesty the Queen of England
to enter the creeks, rivers, and harbours of those who deal with the slave
hunters.
My dear friend, we and all belonging to us, even our countries, are
at the disposal of Her Majesty, and should the men-of-war of Her
Majesty the Queen of England require to enter the creeks, rivers, and
ports, we are willing they should enter ; we object not, and all ships or
vessels found in those places to whomsoever belonging, if engaged in the
slave-trade, may be seized, and all barracoons or places erected for carry-
ing on the slave-trade may be burned or destroyed. We have no wish
to the contrary of yours, and with respect to the banian, we will send
and have him seized. Whatever you require of us we are ready. The
sign is with you.
Dated 23rd Jamadel Akier 1266, equivalent to the 6th May 1850.
L. S.
(Sd.)
ELHAKIR EL FAKIR SAEED.
Note. — In the above, the clerical errors contained in the translation given, or the
Admiralty instructions, are corrected, and one sentence slightly modified otherwise
identical.— (Signed) John Kirk,
TREATIES, ENGAGEMENTS, AND SUNNUDS.
No. LXI.
235
Translation of a Tbeaty of Peace between His Highness Syud Saeed bin .
Sultan, the Imam of Muscat, and Syud Humood, the Chief of Sohar.
Praise be to Him who has caused peace to be the means of adjust-
ing the affairs of mankind, and who is the Promoter of friendship in
every class of life.
The object of writing this paper and these words of truth is, that
peace has been established between His Highness the Imam of Muscat,
Syud Saeed, the son of Syud Sultan, and the Chief of Sohar, the Honour-
able Syud Humood, the son of Syud Azan, through the mediation of
Captain Hennell, the British Resident in the Persian Gulf, this 17th
day of Showal a. h. 1255, corresponding with the 23rd December
a. d. 1839, upon the following conditions : — «
PERSIAN
GULF.
No. LXI.
Muscat.
{Sohar.)
Article 1.
That from this day there shall be a perfect, lasting, and established
peace between the two contracting parties.
Article 2.
That the subjects of the two contracting parties shall carry on a
free intercourse with each other's territory for purposes of trade without
hinderance or molestation.
Article 3.
Whenever subjects of either of the two contracting parties remove
voluntarily from the territories of the one and take up their residence
in those of the other, no blame shall attach to the ruler of the territory
in which they settle, and moreover it shall not be incumbent upon him
to cause them to return to their original country unless he thinks proper
to do so.
Article 4.
That neither of the two contracting parties shall commit any sort
of aggression upon the territories of the other, neither openly nor
secretly, and shall not excite others to do so.
236
TREATIES, ENGAGEMENTS, AND SUNNUDS.
PERSIAN
GULP.
No. LXI.
Unseat.
(Sohar.)
Article 5.
In the event of either of the two contracting parties proceeding to
punish any rebellious person among his own subjects, the other shall not
assist or support such rebel either openly or secretly, nor shall encourage
him in his rebellion by word or by letter.
Article 6.
As the district of Roostak, which belongs to Syud Humood bin
Azan is surrounded by the territory of His Highness Syud Saeed bin
Sultan, the communication and road between the aforesaid district and
the other territories of Syud Humood shall not be interrupted or closed.
■ Article 7.
In the event of an enemy arising against Syud Humood and making
war upon him, His Highness Syud Saeed is to support him in every way
to the utmost of his power and ability.
These are the conditions upon which this engagement has been
made on both sides and with the consent of both parties, and to this the
Almighty is a witness.
Dated Muscat, the Yttli Showal 1255, a. ii., corresponding with the
IZrd December a. d. 1839.
The Seal of
Stud Humood
bin Azan.
The Seal of
Syud Saeed
bin Sultan
TREATIES, ENGAGEMENTS, AND SUNNUDS.
237
No- LXII.
Muscat.
(Sohar.)
No. LXII. PERSIAN
Translation of an Engagement entered into by Stud Syf bin Humood, Chief '__
of Sonar, for the abolition of the African slave trade in his ports.
It having been intimated to me by Major Hennell, the Resident in
the Persian Gulf, that certain conventions have lately been entered into
by the Ottoman Porte and other powers with the British Government
for the purpose of preventing the exportation of slaves from the coast
of Africa and elsewhere, and it having, moreover, been explained to me
that, in order to the full attainment of the objects contemplated by the
aforesaid Conventions, the concurrence and co-operation of the Chiefs of
the several ports situated on the Arabian coast of the Persian Gulf are
required, accordingly I, Syud Syf bin Humood, Chief of Sohar, with
a view to strengthen the bonds of friendship existing between me and
the British Government, do hereby engage to prohibit the exportation of
slaves from the coasts of Africa and elsewhere on board of my vessels
and those belonging to my subjects or dependants, such prohibition to
take effect from the 29th Rujut 1265, or the 21st June a. d. 1849.
And I do further consent, that whenever the cruizers of the British
Government fall in with any of my vessels, or those belonging to my
subjects or dependants, suspected of being engaged in the slave trade,
they may detain and search them, and in case of their rinding that any
of the vessels aforesaid have violated the engagement by the exportation
of slaves from the coasts of Africa, or elsewhere, upon any pretext what-
ever, they (the Government cruizers) shall seize and confiscate the same.
Bated this 20th day of Jemmadeeood Akhir a. h. 1265, or 22nd day
of May 1819.
L. S.
Syud Syf bin Humood.
Approved by the Government of Bombay on 4th August 1849.
MARITIME TRIBES.
The so-called maritime Chiefs of the Persian Gulf with whom the
British Government have concluded Treaties are the Joasmee Chief of
Ras-ool-Khyma and Shargah, the Chief of the Beniyas tribe of Abootha-
bee or Boo Debaye, the Chief of the Boo Filasa tribe of Debaye a branch
of the Beniyas, and the Chiefs of Amalgavine and Ejman. The posses-
sions of these Chiefs extend from Ras-ool-Khyma along the coast west-
ward beyond the Island of Bahrein. They all pay tribute to the Waha-
bee Chief of Nejd, but are really independent.
The Joasmees, who have occupied the Province of Seer from the
earliest times, carried on a vigorous and profitable trade by sea, till, in
1805, they succumbed to the influence of the Wahabees and were drawn
into the piratical projects of that turbulent sect. Under their influence
the Joasmees plundered two British vessels and treated the Commanders
with great cruelty. An expedition was sent to the Persian Gulf
to punish them for this aggression and to co-operate with the Imam of
Muscat, who was then at war with them. The expedition resulted in the
conclusion of a Treaty (No. LXIII.) on 6th February 1806, binding the
Joasmees to respect the flag and property of the British and to assist
vessels touching on their coast. This Treaty appears to have been con-
cluded without reference to the Wahabees.
The spread of the Wahabees in Oman soon threatened the Imam
of Muscat with destruction, and the British Government determined to
support him and to destroy the piratical fleets as the only means of pre-
serving the peace of the Gulf. A strong force was despatched in 1809,
which took Ras-ool-Khyma, Linga, Luft, and Shinas, and destroyed the
boats of the pirates. No Treaty could at this time be concluded with the
Joasmees, whose government had been completely overthrown by the
Wahabees, nor were any permanent measures taken to secure the advant-
ages gained in 1809 ; consequently piracy soon re-appeared. In 1814
the Joasmees professed a desire to be at peace with the British Govern-
ment, provided they were left at liberty to make war on the neighbouring
Arab tribes. They even expressed themselves ready to abstain from
TREATIES, ENGAGEMENTS, AND SUNNUDS. 239
molesting- their Arab neighbours if the British Government would gua- MARITIME
rantee them protection from the vengeance of the Wahabee Chief. But TRIBES.
they were quite unable to make good their professions. Even after the
negotiation of preliminary Articles of peace with the Resident at Bushire,
the Joasmees attacked and plundered British vessels. Other tribes were
soon drawn under the Wahabee influence, and piracy increased beyond
endurance. An expedition under Sir W. Grant Keir was therefore des-
patched to the Persian Gulf in 1819 for the purpose of completely crush-
ing them. Ras-ool-Khyma was taken on 9th December, and engagements
(No. LXIV.) were made with the Arab Chiefs preliminary to the conclu-
sion of a general Treaty (No. LXV). The object of the preliminary
engagements was to include all matters of a temporary or individual
character, so as to reserve the general Treaty exclusively for arrangements
of a permanent nature common to all the Arab Chiefs who might be
disposed to subscribe it.
By the 9th Article of the Treaty of 1820 the carrying off of slaves
from the coasts of Africa or elsewhere, and the transporting them in
vessels, was declared to be plunder and piracy. This was not interpreted
as forbidding traffic in slaves, but as prohibiting kidnapping only.
A very extensive trade in slaves was carried on from the ports of
the Red Sea and Persian Gulf with Kattywar, Kutch, and the native
States on the west coast of India, which, under the interpretation
put on the Treaty of 1820, the British Government had no power
to interfere with. In April 1838, under instructions from Govern-
ment, the Resident in the Persian Gulf obtained from the maritime Chiefs
of Ras-ool-Khymah, Ejman, Debaye, and Aboothabee an Agreement
(No. LX VI.) giving to British cruizers the right to detain and search
vessels suspected of being employed in carrying off slaves, and to confis-
cate the vessels if found so employed. In the following year the Chiefs
of Ras-ool-Khyma, Debaye, Aboothabee, and Amalgavine entered into
an Agreement (No. LXVII.) of three Articles ; the first and second of
these Articles gave to the British Government the right to search and
confiscate slave vessels found beyond a line from Cape Delgado, on the
African coast, passing two degrees east of Socotra, and ending at Cape
Guadel, on the Mekran coast, unless driven beyond that line by stress
of weather or other necessity. By the third Article the sale of persons
240 TREATIES, ENGAGEMENTS, AND SUNNUDS.
MARITIME of the Somalee tribe was declared to be piracy. The same Chiefs and
TRIBES. aig0 the Chiefs of Ejman and Bahrein entered into Engagements*
(No. LXVIII.) in 1847, binding themselves to prohibit, from and after
10th December 1847, the exportation of slaves from the African coast, or
elsewhere, in vessels belonging to themselves or their subjects, and
authorizing British cruizers to confiscate vessels found engaged in the
forbidden traffic.
The Treaty concluded with the maritime Arab Chiefs in 1820 did
not limit the right of the Chiefs to carry on acknowledged war with each
other by sea, that is to say, war proclaimed and avowed by one Chief
upon another. Ail other hostile aggressions, however, were declared to be
piratical. But under the name of acknowledged war, many acts of
piracy were committed, especially during the season of the pearl fishery.
The Chiefs were therefore induced, in 1835, to bind themselves by a mari-
time truce, not, under any circumstances, to engage in hostilities by sea for
a period of six months, on the understanding that the British Govern-
ment would not interfere with their wars by land. The effects of this
truce were so marked that the Chiefs were easily persuaded in the follow-
ing year, and again in 1837 to renew it for eight months. Thereafter it
was renewed annually till 1843, when it was prolonged (No. LXIX.) for
ten years. On the expiry of the ten years' truce in 1853, a Treaty
(No. LXX.) of perpetual peace was concluded, which provided that
there should be a complete cessation of hostilities at sea between the
subjects of the subscribing parties ; that in the event of aggressions on
any one by sea, the injured tribe should not retaliate, but refer the mat-
ter to the British authorities in the Persian Gulf; and that the British
Government should watch over the peace of the Gulf and ensure at all
times the due observance of the Treaty.
In 1864 the maritime Chiefs bound themselves (No. LXXI.) to
prevent their subjects from interfering with the telegraphic operations in
or near their territories.
* An Act of Parliament 12 and 13 Vic. Chap. LXXXIV. was passed to give effect to
these engagements. See Appendix.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 241
No. LXIII. MARITIME
TRIBES.
Coulnamah or Agreement between Sheikh Abdulla bin Ceoosh, on the part of ■
Sheikh-ul Mus Sheikh Ameer Sultan bin Suggue, Bin Kashid, Joasmee, No' I'XIII.
and Captain David Seton, on the part of the Honourable East India Joasmees.
Company. In Bunder Abbass, this 6th day ef February 1806.
Article 1.
There shall be peace between the Honourable East India Company
and Sultan bin Suggur, Joasmee, and the whole of his dependants and
subjects on the shores of Arabia and Persia, and they shall respect the
flag and property of the Honourable East India Company, and their sub-
jects wherever and in whatever it may be, and the same the Honourable
East India Company towards the Joasmee.
Article 2.
Should the Joasmee infringe the above, they shall be liable in the
sum of dollars 30,000, and on this condition Captain David Seton agrees
to receive from Ameer Sultan bin Suggur the Brig now laying at
Muscat, and to drop the claims to the cargo guns, &c, of the said
vessel and the Shannon.
Article 3.
Whatever British property shall be found in the Sorie fleet shall
be restored.
Article 4.
Should any British vessel touch on the coasts of the Joasmee for
wood or water, or be forced on shore by stress of weather, or any
other cause, the Joasmee shall assist and protect the said vessel and
property, and permit it to be disposed of or carried away, as their owners
shall see fit, without claim or demand.
Article 5.
Should Johood compel the Joasmee to infringe this peace, they
shall give three months' previous notice in all places.
vol. vii. 2 h
242 TREATIES, ENGAGEMENTS, AND SUNNUDS.
MARITIME Article 6.
When the above is confirmed and ratified by both parties, the
Noe. LXIII Joagmee gh^l frequent the English ports from Surat to Bengal as before.
k LXIV.
Preliminary. (Signed) DAVID SETON.
(Sealed) Abdullah bin Croosh.
Signed, sealed, and confirmed.
Sultan Bin Suggur.
Approved and sanctioned by the Governor General in Council on
29th April 1806.
No. LXIV.
Translation of the preliminary Treaty with Sultan bin Suggitb.
In the name of God, the merciful, the compassionate !
Know all men that Sultan bin Suggur has been in the presence
of General Sir William Grant Keir, and there have passed between
them the following stipulations : —
Article 1.
Sultan bin Suggur shall surrender to the General towers, guns,
and vessels which are in Shargah, Imam, Umin-ul Gyuyn, and their
dependencies. The General will leave the boats which are for the pearl
fishery and fishing boats, and the remainder of the vessels shall be at the
disposal of the General.
Article 2.
Sultan bin Suggur shall give up all the Indian prisoners if any such
are in his possession.
Article 3.
The General will not allow the troops to enter the towns to lay
them waste.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
243
Article 4.
After the execution of these engagements, Sultan bin Suggur shall
MARITIME
TRIBES.
be admitted to the same terms of peace as the remainder of the friendly No.^LXIV.
(" or pacificated") Arabs. Preliminary.
On these conditions there is a cessation of hostilities between the
General and Sultan bin Suggur and his followers, with the exception
that their boats are not to go to sea.
Bone at Basal Khyma on the twentieth of Rabee-ul-Awul, in the
year 1235, corresponding to the sixth of January one thousand eight hun-
dred and twenty.
L. S.
L. S.
(Signed) W. Grant Keir,
Major General.
Sultan bin Suggur
with his own hand.
Copy of the Articles entered into with Sultan bin Suggur. Wit-
ness my hand and seal.
L. S.
(Signed) W. Grant Keir,
Major General.
Translation of the preliminary Tbeaty with Hassun-bin Rahmah.
In the name of God, the merciful, the compassionate !
Know all men that Hassun bin Rahmah has been in the presence
of General Sir William Grant Keir, and there have passed between them
the following stipulations :—
Article 1.
The town of Rasal Khyma and Maharra, and the towers which are
in the date groves near the town, shall remain in the hands of the British
Government.
MARITIME
TRIHKS.
'2 | i treaties, engagements, and sunnuds.
Article 2.
If any of the vessels of Hassun bin Rahmah are in Shargah or
No. LXIV. Umin-ul Gyuyn or Imam, or any other of the places to which the Gen-
Prtliminary. eral shall go with the force, they shall be surrendered to the General, and
the General will leave those which are for the pearl fishery and fishing
boats.
Article 3.
Hassun bin Rahmah shall give up all the Indian prisoners if any
such are in his possession.
Article 4.
After the execution of these engagements, Hassun bin Rahmah
shall be admitted to the terms of the general Treaty with the friendly
(literally the pacificated) Arabs. End of the Articles.
Issued at Basal Khyma in the forenoon of Saturday, the twenty-
second of the month of Rahe-ul-Awul, in the year of the Hegira one
thousand ttco hundred and thirty-five, corresponding to the eighth of
January 1820.
(Signed) W. Grant Keir,
Major General.
L.
S.
L.
s.
The signature of Hassun bin Rahmah
Copy of the Articles between the General and Hossun bin Rahmah.
Witness my hand and seal.
(Signed) W. Grant Keir,
Major General.
TREATIES, ENGAGEMENTS, AND SUNNTJDS. 245
Tbanslation of the preliminary Treaty with the Sheikh of Duhey. MARITIME
In the name of God, the merciful, the compassionate ! TRIBES.
Know all men that Mahomed bin Haza bin Zaal, a minor, accom- lxiv.
panied by Ahmed bin Futeiss, has been in the presence of General Sir Preliminary,
William Grant Keir, and there have passed between them the following
stipulations : —
Article 1.
The people of Dubey shall surrender to the General the vessels
which are in Dubey and its dependencies and the guns which are in the
town and in the towers. The General will leave the boats which are for
the pearl fishery and fishing boats.
Article 2.
The people of Dubey shall give up all the Indian prisoners if any
such are in their possession.
Article 3.
The General will not allow the troops to enter the town to lay it
waste, and further, as a mark of consideration towards His Highness the
Imam Saeed bin Sultan on the part of the General, he will not demolish
the fort and towers.
Article 4.
After the execution of these engagements, Mahomed bin Haza bin
Zaal and his followers shall be admitted to the same terms of peace as
the remainder of the friendly (literally the " pacificated") Arabs.
On these conditions there is a cessation of hostilities between the
British and Mahomed bin Haza bin Zaal and his followers, with the
exception that their boats are not to go to sea.
Done at Basal Khyma on the 2$rd of the month of Rabe-ul-Awul,
in the year 1235, corresponding to the 9th of January 1820.
(Signed) W. Grant Keir,
Major General.
210
TREATIES, ENGAGEMENTS, AND SUNNUDS.
MARITIME
TRinr.s.
No. LXIV.
Preliminary.
Seal of
Ahmed Futeis.
Witnessed by the signature of Sheikh Hamza bin Mahomed bin
Zubu al Moyzzine, Sheikh of Kishme, with his own hand.
Copy of the Articles between the General and Mahomed bin Haza
bin Zaal.
"Witness my hand and seal.
(Signed) W. Grant Keir,
Major General.
Thanslatios of the preliminary Tbeatt with Sheikh Shahbout, of Abou
Dabyee.
In the name of God, the merciful, the compassionate !
Know all men that Sheikh Shahbout bin Dhyab al Talahij has been
in the presence of General Sir William Grant Keir, and there have
passed between them the following stipulations : —
Article 1.
If in Abou Dabyee or any other of the places belonging to Sheikh
Shahbout there are any of the vessels of the piratical powers which
have been attached or may be hereafter attached by the General during
the present war against the pirates, he shall deliver such vessels to the
General.
TREATIES; ENGAGEMENTS, AND SUNNUDS.
247
Article 2.
MAKITIME
Sheikh Shahbout shall be admitted to the terms of the sreneral 1RIBES-
Treaty with the friendly Arabs. No. LXIV.
Bone at Basal Khyma on the twenty-fifth of the Rabee-ul-Awul, in Preliminary,
the year one thousand two hundred and thirty-five, corresponding to the
eleventh of January 1820.
(Signed) W. Grant Keir,
Major General.
(Signed) Shahbout.
Copy of the Articles between the General and Sheikh Shahbout.
Witness my hand and seal.
(Signed) W. Grant Keir,
Major General.
Tbanslation of the preliminary Tbeatt with Hassun bin All
In the name of God, the merciful, the compassionate !
Know all men that Hassun bin Ali has been in the presence of
General Sir William Grant Keir, and there have passed between them
the following stipulations : —
Article 1.
If any of the vessels of Hassun bin Ali are in Shargah, or Umul
Gyuyn, or Imam, or Abou Dabyee, or any other of the places to which
the General shall go with the force, such vessels shall be surrendered to
the General, and the General will leave those which are for the pearl
fishery and fishing boats.
248
TREATIES, ENGAGEMENTS, AND SUNNUDS.
MARITIME
THINKS.
Article 2.
Hassun bin Ali shall give up all the Indian prisoners if any such
No. LXIV. are in his possession.
Preliminary. ARTICLE 3.
After this Hassun bin Ali shall be admitted to the terms of the
general Treaty with the friendly (literally the " pacificated") Arabs.
End of the Articles.
Issued at Basal Khyma in the forenoon of Saturday, the twenty-
ninth of the month of Rabe-ul-Awul, in the year one thousand two hundred
and thirty-five, corresponding to the 15th of January 1820.
(Signed) W. Grant Keir,
Major General.
(Signed) Hassun bin Ali.
Copy of the Articles entered into between the General and Hassun
bin Ali in the forenoon of Saturday, the twenty-ninth of Rabe-ul-Awul,
in the year of the Hegira one thousand two hundred and thirty-five,
corresponding to the 15th of January 1820.
Witness my hand and seal.
(Signed) W. Grant Keir,
Major General.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
249
No. LXV.
Tbanslation of the general Tbeaty with the Arab Tribes of the Persian Gulf.
In the name of God, the merciful, the compassionate !
Praise be to God, who hath ordained peace to be a blessing to his
creatures. There is established a lasting peace between the British
Government and the Arab tribes, who are parties to this contract, on
the following conditions : —
Article 1.
There shall be a cessation of plunder and piracy by land and sea on
the part of the Arabs, who are parties to this contract, for ever.
Article 2.
If any individual of the people of the Arabs contracting shall attack
any that pass by land or sea of any nation whatsoever, in the way of
plunder and piracy and not of acknowledged war, he shall be accounted
an enemy of all mankind and shall be held to have forfeited both life and
goods. And acknowledged war is that which is proclaimed, avowed, and
ordered by government against government; and the killing of men and
taking of goods without proclamation, avowal, and the order of a govern-
ment, is plunder and piracy.
Article 3.
The friendly (literally the pacificated) Arabs shall carry by land and
sea a red flag, with or without letters in it, at their
option, and this shall be in a border of white, the
breadth of the white in the border being equal to the
breadth of the red, as represented in the margin,
(the whole forming the flag known in the British
Navy by the title of white pierced red,) and this
shall be the flag of the friendly Arabs, and they
shall use it and no other.
Article 4.
The pacificated tribes shall all of them continue in their former
relations, with the exception that they shall be at peace with the British
Government, and shall not fight with each other, and the flag shall be a
symbol of this only and of nothing further.
VOL. VII. 2 i
MARITIME
TRIBES.
No. LXV.
General.
250
TREATIES, ENGAGEMENTS, AND SUNNUDS.
MARITIME
TRII'.l.s.
No. LXV.
General.
Article 5.
The vessels of the friendly Arabs shall all of them have in their
possession a paper (Register) signed with the signature of their Chief,
in which shall be the name of the vessel, its length, its breadth, and how
many Karahs it holds. And they shall also have in their possession
another writing (Port Clearance) signed with the signature of their
Chief, in which shall be the name of the owner, the name of the
Nacodah, the number of men, the number of arms, from whence sailed,
at what time, and to what port bound. And if a British or other vessel
meets them, they shall produce the Register and the Clearance.
Article 6.
The friendly Arabs, if they choose, shall send an envoy to the British
Residency in the Persian Gulf with the necessary accompaniments, and
he shall remain there for the transaction of their business with the Resi-
dency ; and the British Government, if it chooses, shall send an envoy
also to them in like manner ; and the envoy shall add his signature to
the signature of the Chief in the paper (Register) of their vessels^
which contains the length of the vessel, its breadth, and tonnage ; the
signature of the envoy to be renewed every year. Also all such envoys
shall be at the expense of their own party.
Article 7.
If any tribe, or others, shall not desist from plunder and piracy,
the friendly Arabs shall act against them according to their ability and
circumstances, and an arrangement for this purpose shall take place
between the friendly Arabs and the British at the time when such plun-
der and piracy shall occur.
Article 8.
The putting men to death after they have given up their arms, is an
act of piracy and not of acknowledged war ; and if any tribe shall put
to death any persons, either Mahomedans or others, after they have
given up their arms, such tribe shall be held to have broken the peace;
and the friendly Arabs shall act against them in conjunction with the
British, and, God willing, the war against them shall not cease until the
surrender of those who performed the act and of those who ordered it.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
251
Article 9. maritime
TRIRFS
The carrying off of slaves, men, women, or children from the coasts . ___
of Africa or elsewhere, and the transporting1 them in vessels, is plunder No. LXV.
and piracy, and the friendly Arabs shall do nothing of this nature. General.
Article 10.
The vessels of the friendly Arabs, bearing their flag above described,
shall enter into all the British ports and into the ports of the allies of
the British so far as they shall be able to effect it ; aud they shall buy
and sell therein, and if any shall attack them, the British Government
shall take notice of it.
Article 11.
These conditions aforesaid shall be common to all tribes and persons,
who shall hereafter adhere thereto in the same manner as to those who
adhere to them at the time present. End of the Articles.
Issued at Ras-ool-Khyma, in triplicate, at mid-day, on Saturday, the
twenty -second of the month of Rabe-ul-Awul, in the year of the Hegira
one thousand two hundred and thirty -Jive, corresponding to the eighth of
January one thousand eight hundred and tioenty, and signed by the con-
tracting parties at the places and times under written.
Signed at Ras-ool-Khyma at the time of issue by
(Signed) W. Grant Keir,
Major General.
(Signed) Hassun bin Rahmaii,
Sheikh of Hatt and Falna, formerly of
Ras-ool-Khyma.
(Signed) Razib bin Ahmed,
Sheikh of Jourat al Kamra.
(An exact Translation)
(Signed) J. P. Thompson, Captain,
ltth Light Dragoons and Interpreter.
L.
S.
L.
s.
L.
s.
252
TREATIES, ENGAGEMENTS, AND SUNNUDS.
MARITIME Signed at Ras-ool-Khyma, on Tuesday, the twenty-fifth of the
TRIPES, month of Rabe-ul-Awul, in the year of the Hegira one thousand
No. LXV. two hundred and thirty-five, corresponding to the eleventh of January
General. 1820.
(Signed) Shakbout,
Sheikh of Abooshabee.
Signed at Ras-ool-Khyma, at mid-day, on Saturday, the twenty-
ninth of the month Rabe-ul-Awul, in the year of the Hegira one thousand
two hundred and thirty-five, corresponding to the fifteenth of January
1820.
(Signed) Hassun bin Ali,
Sheikh of Zyah.
The seal is Captain Thompson's, as Sheikh Hassun bin Ali had
not a seal at the time of signature.
Copy of the general Treaty with the friendly (literally the " pacifi-
cated") Arabs, with the signatures attached to it, up to the fifteenth day
of January 1820 inclusive. Given under my hand and seal.
(Signed) W. GraNt Keir,
Major General.
(Signed) T. P. Thompson, Captain,
llth Light Dragoons, and Interpreter.
Ratified by theG oevrnor General in Council on 2nd April 1820.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
253
Signed for Mahomed bin Haza bin Zaal, Sheikh of Debaye, a MARITIME
minor, at Shargah, on Friday, the twelfth of the month of Rubee-oos- TRIBES.
Sanee, in the year of the Hegira one thousand two hundred and thirty- No. LXV.
five, corresponding to the twenty-eighth of January 1820. General.
(Signed) Saeed btn Syf,
Uncle of Sheikh Mahomed.
Signed at Shargah, at mid-day, on Friday, the nineteenth of the
month of Rubee-oos-Sanee, in the year of the Hegira one thousand two
hundred and thirty-five, corresponding to the fourth of February 1820.
(Signed) Sultan bin Suggur,
Chief of Shargah.
Signed, at Shargah, by the Vakeel on the part of the Sheikhs
Suleman bin Ahmed and Abdoolla bin Ahmed, in his quality of Vakeel
to the Sheikhs aforesaid, on Saturday, the twentieth of the month of
Rubee-oos-Sanee, in the year of the Hegira one thousand two hundred
and thirty-five, corresponding to the 5th of February 1820.
(Signed) Syud Abdool Jabel bin Syud Yas,
Vakeel of Sheikh Suleman bin Ahmed and
Sheikh Abdoolla bin Ahmed, of the family
of Khalifa, Sheikhs of Bahrein.
Signed and accepted by Suleman bin Ahmed, of the house of Kha-
lifa, at Bahrein, on the ninth of Jemmadee-ool-Awul, in the year of the
Hegira one thousand two hundred and thirty-five, corresponding to the
twenty-third of February 1820.
254
TREATIES, ENGAGEMENTS, AND SUNNUDS.
MARITIME Signed and accepted by Abdoolla bin Ahmed, of the house of Kha-
TRIBES. ijfa^ a^ Bahrein, on the ninth of Jemmadee-ool-Awul, in the year of the
s - i.w [legira one khoaMkdi#o tuufoed and thirty-five, coweqwnding to tBe
* LXYi. twenty -third of February 1820.
Start Trade.
Signed at Faleia, at noon, on Wednesday, the twenty-ninth of the
month of Jemadee-ool- Awul, in the year of the Hegira one thousand two
hundred and thirty-five, corresponding to the fifteenth of March 1820.
(Signed) Rashed bin Hamid,
Chief of Ejman.
Signed at Faleia, at noon, on Wednesday, the twenty-ninth of the
month of Jemmadee-ool-Awul, in the year of the Hegira one thousand two
hundred and thirty-five, corresponding to the fifteenth of March 1820.
(Signed) Abdoolla bin Rashid,
Chief of Amalgavine.
(Signed) W. Grant Keie,
Major General.
No. LXVI.
Abticle of Agbeement entered into by Sheikh Sultan bin Suggtjb, dated
Shargah, the 22nd Mohurrum a. h. 1254, or 17th April a. d. 1838.
In the event of vessels connected with my ports, or belonging to
my subjects, coming under the suspicion of being employed in the
carrying off (literally stealing) and embarkation of slaves, men, women,
or children, I, Sultan bin Suggur, Sheikh of the Joasmee Tribe, do hereby
TREATIES, ENGAGEMENTS; AND SUNNUDS. 255
agree to their being detained and searched, whenever and wherever they MARITIME
may be fallen in with on the seas, by the cruizers of the British Gov- TRIBES,
ernment ; and further that upon its being ascertained that the crews Nos. LXV I
have carried off (literally " stolen") and embarked slaves, their vessels & LXV11-
shall be liable to seizure and confiscation by the aforesaid cruizers. Slave Trade.
Sealed by
Sultan bin
Sugoue.
Sealed by Sultan bin Suggur.
Similar agreements signed by Sheikh Eashed bin Hamid, of Ejman ; Sheikh
Muktoom bin Bctye, of Debaye ; Sheikh Khuleefa bin Shakbout, of
Aboothabee.
No. LXVII.
Translation of an Agreement entered into by SnEiKH Sultan bin Suggur,
Chief of Eas-ool-Kliymah, dated off Eas-ool-Khymah, 3rd July 1839.
I, Sultan bin Suggur, Sheikh of the Joasmee Tribe, do hereby
declare that I bind and pledge myself to the British Government in the
following engagements : —
Article 1.
That the government cruizers, whenever they may meet any vessel
belonging to myself or my subjects beyond direct line drawn from Cape
Delgado, passing two degrees seaward of the Island of Socotra, and end-
ing at Cape Guadel, and shall suspect that such vessel is engaged in the
slave trade, the said cruizers are permitted to detain and search it.
Article 2.
Should it on examination be proved that any vessel belonging
to myself or my subjects is carrying slaves, whether men, women,
or children, for sale beyond the aforesaid line, then the government
2 50 TREATIES, ENGAGEMENTS, AND SUNNUDS.
MARITIME iTiiizers shall seize and confiscate such vessel and her cargo. But if
TRIBES. tije aforesaid vessel shall pass beyond the aforesaid line owing to stress
No* LXVH of weather, or other case of necessity not under control, then she shall
A LXVIII. not ijg geized.
Slat* Trade. ARTICLE 3.
As the the selling of males and females, whether grown up or young,
who are " Hoor" or free, is contrary to the Mahomedan religion, and
whereas the Soomalee tribe is included in the "Hoor" or free, I,
Sultan bin Suggur, do hereby agree that the sale of males and females,
whether young or old, of the Soomalee tribe, shall be considered as
piracy, and that after four months from this date, all those of my people
convicted of being concerned in such an act shall be punished the same
as pirates.
Seal of
Sultan bin
Suggub.
Note. — A similar agreement to the above was entered into by Sheikh Khu-
leefa bin Shakbout on the 1st July 1839, and by Sheikh Muktoom, of Debaye,
and Sheikh Abdoola bin Hashed, of Amalgavine, on the 2nd of the same month.
No. LXVIII.
Translate of an Engagement entered into by Sheikh Sultan bin Suggub, Chief
of Kas-ool-Khymah and Shargah, for the abolition of the African slave trade
in his ports.
It having been intimated to me by Major Hennell, the Resident in
the Persian Gulf, that certain conventions have lately been entered into by
His Highness the Imam of Muscat and other powers with the British Gov-
ernment for the purpose of preventing the exportation of slaves from the
African coast and elsewhere, and it having, moreover, been explained to
me that, in order to the full attainment of the objects contemplated by
the aforesaid conventions, the concurrence and co-operation of the Chiefs
of the several ports situated on the Arabian coast of the Persian Gulf
TREATIES, ENGAGEMENTS, AND SUNNUDS. 257
are required, accordingly I, Sheikh Sultan bin Suggur, Chief of the MARITIME
Joasmee tribe, with a view to strengthen the bonds of friendship TRIBES.
existing between me and the British Government, do hereby engage to No. LXVIII.
prohibit the exportation of slaves from the coasts of Africa and else- slave Trade.
where on board of my vessels and those belonging to my subjects or
dependants ; such prohibition to take effect from the 1st day of Mohur-
rum a. h. 1264, (or 10th December a. d. 1847.)
And I do further consent that whenever the cruizers of the British
Government fall in with any of my vessels, or those belonging to my
subjects or dependants, suspected of being engaged in slave trade, they
may detain and search them ; and in case of their finding that any of
the vessels aforesaid have violated this engagement, by the exportation
of slaves from the coasts of Africa, or elsewhere, upon any pretext
whatever, they (the government cruizers) shall seize and confiscate
the same.
Dated this \&th day of Jemmadee-ool-Awul a. h. 1263, or 30^ day
of April a. d. 1847.
(Signed) Sheikh Sultan bin Suggur.
Deb aye. — Sheikh Muktoom's Engagement is dated 14th Jemmadee-
ool-Awul 1263, or 30th April 1847.
Ejman. — Sheikh Abdool Azeez's Engagement is dated 15th Jemma-
dee-ool-Awul 1263, or 1st May 1847.
Amalgavine. — Sheikh Abdoolla bin Rashed's Engagement is dated
15th Jemmadee-ool-Awul 1263, or 1st May 1847.
Aboothabee. — Sheikh Saeedbin Tahnooir's Engagement is dated 17th
Jemmadee-ool-Awul 1263, or 3rd May 1847.
Bahrein. — Sheikh Mahomed bin Khuleefa's Engagement is dated
22nd Jemmadee-ool-Awul 1263, or 8th May 1847.
vol. vii. 2 k
TREATIES, ENGAGEMENTS, AND SUNNUDS.
MAUiriME No. LXIX.
ll:1!:L> fWKm i I in.u;:inn tm.v for Ion jmn agreed upon by the Chiefs of the Am -
No. LXIX. bian coast, under tho mediation of the Resident in the Persian Gulf, dated
-" , 1st June 1843.
IV» year t
trmce. We, whose seals are hereunto affixed, viz., Sultan bin Suggur, Chief
of the Joasmce Tribe, Khuleefa bin Shakbout, Chief of the Beniyas,
Muktoom bin Butye, Chief of the Boo Falasa, Abdoollah bin Rashed,
Chief of Amalgavine, Abdool Azeez bin Rashed, Chief of Ejmanee, being
fully impressed with a sense of the evil consequences arising from our
subjects and dependants being prevented carrying on the pearl fishery
without interruption on the banks, owing to the various feuds existing
amongst ourselves, and, moreover, duly appreciating the general advantage
to be derived from the establishment of a truce, do hereby agree to
bind ourselves down to observe the following conditions :—
Article 1.
That from the 1st June a. d. 1843 (the corresponding Mahomedan
date 2nd Jemmadee-ool-Awul Hegira 1259), there shall be a cessation
of hostilities at sea between our respective subjects and dependants, and
that from the above date until the termination of the month of May
A. d. 1853, an inviolable truce shall be established, during which period
our several claims upon each other shall rest in abeyance.
Article 2.
That in the event of any of our subjects or dependants committing
any acts of aggression at sea upon those of any of the parties to this
agreement, we will immediately afford full redress upon the same being
brought to our notice.
Article 3.
That in the event of any acts of aggression being committed at sea
upon any of our subjects or dependants, we will not proceed immediately
to retaliate, but will inform the British Resident or the Commodore
at Bassidore, who will forthwith take the necessary steps for obtaining
reparation for the injury inflicted, provided that its occurrence can be
satisfactorily proved.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
259
Article 4.
That on the termination of the month of May 1853, by God's bless-
ing, we will endeavour to arrange either an extension of this truce, or a
firm and lasting peace ; but in the event of our being unable to come to
a satisfactory adjustment regarding our respective claims, we hereby bind
ourselves to give notice, on or about the above date, to the British Resi-
dent, of our intention to renew hostilities after the expiration of the term
now fixed upon for this truce, viz,, the end of the month of May 1853.
Signed as in the preamble.
MARITIME
TRIBES.
Nos. LXIX
& LXX.
Perpetual
Truce.
No. LXX.
Teeaty of Peace in perpetuity agreed upon by the Chiefs of the Arabian coast
in behalf of themselves, their heirs and successors, under the mediation of
the Resident in the Persian Gulf.
We, whose seals are hereunto affixed, Sheikh Sultan bin Suggur,
Chief of Ras-ool-Khyma, Sheikh Saeed bin Tahnoon, Chief of Aboo-
thabee, Sheikh Saeed bin Butye, Chief of Debaye, Sheikh Hamid
bin Rashed, Chief of Ejman, Sheikh Abdoolla bin Rashed, Chief of
Amalgavine, having experienced for a series of years the benefits and
advantages resulting from a maritime truce contracted amongst ourselves
under the mediation of the Resident in the Persian Gulf and renewed
from time to time up to the present period, and being fully impressed,
therefore, with a sense of the evil consequence formerly arising from
the prosecution of our feuds at sea, whereby our subjects and dependants
were prevented from carrying on the pearl fishery in security, and were
exposed to interruption and molestation when passing on their lawful
occasions, accordingly, we, as aforesaid, have determined, for ourselves,
our heirs and successors, to conclude together a lasting and inviolable
peace from this time forth in perpetuity, and do hereby agree to bind
ourselves down to observe the following conditions :—
Article 1.
That from this date, viz., 25th Rujjub 1269, 4th May 1853, and
hereafter, there shall be a complete cessation of hostilities at sea between
our respective subjects and dependants, and a perfect maritime trace shall
endure between ourselves and between our successors, respectively, for
evermore.
260
TREATIES, ENGAGEMENTS, AND SUNNUDS.
MARITIME
TRIBES.
Perpetual
Truce.
Article 2.
That in the event (which God forbid) of any of our subjects or
Na LXX. dependants committing an act of aggression at sea upon the lives or pro-
perty of those of any of the parties to this agreement, we will immediately
punish the assailants and proceed to afford full redress upon the same
being brought to our notice.
Article 3.
That in the event of an act of aggression being committed at sea by
any of those who are subscribers with us to this engagement upon any
of our subjects or dependants, we will not proceed immediately to reta-
liate, but will inform the British Resident or the Commodore at Bas-
sidore, who will forthwith take the necessary steps for obtaining repara-
tion for the injury inflicted, provided that its occurrence can be satis-
factorily proved.
We further agree that the maintenance of the peace now concluded
amongst us shall be watched over by the British Government, who will
take steps to ensure at all times the due observance of the above Articles,
and God of this is the best witness and guarantee.
L.
S.
L.
s.
(Signed) Abdoolla bin Hashed,
Chief of Amalgavine.
„ Hamed bin Hashed,
Chief of Ejman.
„ Saeed bin Butye,
Chief of Debage.
„ Saeed bin Tahnoon,
Chief of the Beniyas.
„ Sultan bin Suggur,
Chief of the Joasmees.
Approved by the Governor General in Council on 24th August 1853.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
261
No. LXXI.
Additional Articles for the protection of the Telegraph line and stations, agreed
to before Lieutenant Colonel Lewis Pelly, Acting Political Eesident,
Persian Gulf, and appended to the Treaty of Peace of the 4th May 1853.
Whereas, under date 25th Rujjub 1269 (4th May 1853), we, Chief of
the Joasmees, Chief of the Beniyas, Chief of Amalgavine, Chief of
Ejman, Chief of Debaye, did agree to a perpetual Treaty of Peace at sea,
and whereby our vessels have been respected and our commerce increased ;
and whereas the British Government, in the further interests of commerce
and of the general peace, are preparing telegraphic lines and stations at
various points in or near the Persian Gulf, we do hereby engage for
ourselves, our heirs and successors, to respect and abstain from all and
every interference with the said telegraphic operations that may be
carried on by the said British Government in or near our territory.
And in the event (which God forbid) of any of our subjects or
dependents committing an act of aggression or trespass on the said
telegraphic lines and stations or other telegraphic material, we will
immediately punish the offender and proceed to afford full redress upon
the same being brought to our notice.
The telegraphic line being intended for the common good, our
subjects and dependents shall be permitted to send messages by the
Telegraph at such rates of payment as may be paid by British subjects.
MARITIME
TRIBES.
No. LXXI.
Telegraph.
BAHREIN.
The Island of Bahrein, owing to the richness of its pearl fisheries,
was long a field of contention between the different powers that towards
the end of last century strove for supremacy in the Persian Gulf. In
the year 1799, after having often changed masters, it was conquered by
the Uttoobee tribe, by whom it has ever since been held under allegiance
at one time to Muscat and afterwards successively to the Wahabees, to
Turkey and to Persia, and now in independence.
In 1820, after the capture of Ras-ool-Khyma by the expedition sent
against the piratical tribes in the Gulf, the two Chiefs, Abdoolla bin
Ahmed and Suleiman bin Ahmed, who then ruled Bahrein conjointly,
signed a preliminary engagement (No. LXXII.) not to permit in
Bahrein the sale of property procured by plunder and piracy, and to re-
store all Indian prisoners then in their possession. They also subscribed
the general Treaty (No. LXV.) for the pacification of the Persian Gulf.
The Chiefs of Bahrein were not parties to any of the agreements
concluded after 1820 with the Arab Chiefs except the engagement
(No. LXVIII.) in 1847 for the suppression of the slave trade. This was
signed on 8th May 1847 by Mahomed bin Khuleefa. This Chief was
the grandson of Suleiman bin Ahmed, who had signed the general Treaty
in 1820. Suleiman died in 1825, and his son Khuleefa, who had succeeded
to his share in the government, died in 1834. Mahomed bin Khuleefa
for some years was kept out of power by his grand-uncle Abdoolla bin
Ahmed, but in 1843 he succeeded not only in recovering his rights, but
in expelling Abdoolla bin Ahmed from Bahrein. The latter, who found
refuge in Demam, made several unsuccessful attempts with the help of the
Wahabees and the" Chief of Koweit, to recover his power. He died in
1848, but his son Mahomed bin Abdoolla continued the feud. His
warlike preparations and his piracies so endangered the peace of the Gulf,
that in 1859 he was declared a public enemy and expelled from Demam
by a British force. No sooner was this done, than Mahomed bin
Khuleefa of Bahrein commenced to levy forceable imposts on Wahabee
vessels and to carry off their property. On being remonstrated with,
TREATIES, ENGAGEMENTS, AND SUNNUDS. 263
he ostensibly put himself under allegiance first to Persia and then to BAHREIN.
Turkey, The policy of the British Government, however, as guardians of No. LXXII.
the general tranquillity of the Persian Gulf, required that Bahrein should
be considered independent. Early in the year 1861, therefore, when the
Chief of Bahrein, in violation of his Treaty engagements, again block-
aded the Wahabee ports, he was forced by the Resident in the Persian Gulf
to withdraw the blockade, and was required to conclude a perpetual Treaty
(No. LXXIII.) of peace and friendship, binding himself to abstain from
war, piracy, and slavery by sea on condition of protection against similar
aggressions, and to permit all British subjects to trade with Bahrein on
payment of an ad valorem duty of 5 per cent, on their goods.
No. LXXII.
Tbanslation of the preliminary Treaty with the Sheikhs of Bahrein.
In the name of God, the merciful, the compassionate !
Know all men, there hath come into the presence of General Sir
William Grant Keir the Saeed Abdool Jalil, Vakeel on the part of the
Sheikhs Suleiman bin Ahmed and Abdoolla bin Ahmed, and there have
passed between the General and the said Abdool Jalil, on the part of the
above named, the following stipulations : —
Article 1.
That the Sheikhs shall not permit from henceforth, in Bahrein or
its dependencies, the sale of any commodities which have been procured
by means of plunder and piracy, nor allow their people to sell any thing
of any kind whatsoever to such persons as may be engaged in the practice
of plunder and piracy ; and if any of their people shall act contrary hereto,
it shall be equivalent to an act of piracy on the part of such individuals.
Article 2.
That they shall deliver up all the Indian prisoners who may be in
their possession.
£64 treaties, engagements, and sunnuds.
uaiirkin. Article 3.
No.. LXXII The Sheikhs Suleiman bin Ahmed and Abdoolla bin Ahmed shall
A LXXIII. Ijc admitted to the terms of the general Treaty with the friendly Arabs.
End of the Articles.
Issued at Shargah in triplicate, on Saturday, the twentieth of the
month of Rabe-ool-Thany , in the year of the Hegira one thousand two
hundred and thirty-Jive, corresponding to the fifth of February one thou-
sand eight hundred and twenty.
(Signed) W. G. Keir,
Major General.
L. S.
The above Articles accepted by me in quality of Vakeel of the
Sheiks named above.
(Signed) Saeed Abdal Jalil bin Saeed Yasal Tabatabay.
No. LXXIII.
Teems of a friendly Convention entered into between Sheikh Mahomed Bin
Khuleefa, independent ruler of Bahrein, on the part of himself and succes-
sors, and Captain Felix Jones, Her Majesty's Indian Navy, Political Kesi-
dent of Her Britannic Majesty in the Gulf of Persia, on the part of the Bri-
tish Government.
Preliminary. — Considering the tribe disorders which arise and are
perpetuated from maritime aggressions in the Persian Gulf, I, Sheikh
Mahomed Bin Khuleefa, independent ruler of Bahrein, on my own part
and on that of my heirs and successors, in the presence of the Chiefs
and elders who are witnesses to this document, do subscribe and agree to
a perpetual Treaty of peace and friendship with the British Government,
having for its object the advancement of trade and the security of all
classes of people navigating or residing upon the coasts of this sea :—
Article 1.
I recognize as valid and in force all former Treaties and Conventions
agreed to between the Chiefs of Bahrein and the British Government,
either direct or through the mediation of its representatives in this Gulf.
treaties, engagements, and sunnuds. 265
Article 2. Bahrein:
I agree to abstain from all maritime aggressions of every descrip- No. LXXIII.
tion, from the prosecution of war, piracy and slavery by sea, so long as
I receive the support of the British Government in the maintenance of
the security of my own possessions against similar aggressions directed
against them by the Chiefs and tribes of this Gulf.
Article 8.
In order that the above engagements may be fulfilled, I agree to
make known all aggressions and depredations which may be designed,
or have place at sea, against myself, territories, or subjects, as early as
possible, to the British Resident in the Persian Gulf, as the arbitrator
in such cases, promising that no act of aggression or retaliation shall
be committed at sea by Bahrein, or in the name of Bahrein, by myself
or others under me, on other tribes without his consent or that of the
British Government, if it should be necessary to procure it. And the
British Resident engages that he will forthwith take the necessary steps
for obtaining reparation for every injury proved to have been inflicted,
or in course of infliction by sea upon Bahrein, or upon its dependencies
in this Gulf. In like manner, I, Sheikh Mahomed bin Khuleefa, will
afford full redress for all maritime offences, which in justice can be
charged against my subjects, or myself, as the ruler of Bahrein.
Article 4.
British subjects of every denomination, it is understood, may reside
in, and carry on their lawful trade in the territories of Bahrein, their goods
being subject only to an ad valorem duty of 5 per cent, in cash or in kind.
This amount once paid shall not be demanded again on the same goods
if exported from Bahrein to other places ; and in respect to the treat-
ment of British subjects and dependants, they shall receive the treatment
and consideration of the subjects and dependants of the most favoured
people. All offences which they may commit, or which may be committed
against them, shall be reserved for the decision of the British Resident,
provided the British Agent located at Bahrein shall fail to adjust them
satisfactorily. In like manner, the British Resident will use his good
offices for the welfare of the subjects of Bahrein in the ports of the mari-
time Arab tribes of this Gulf in alliance with the British Government.
VOL. vii. 2 I
m
TREATIES, ENGAGEMENTS, AND SUNNUDS.
uaii rein. Article 5.
No LXXIII. Those Articles of alliance shall have effect from the date of ratifi-
cation or approval by the British Government.
Done at Bahrein this twentieth day of Zilkad, in the year of the
Hegira 1277, corresponding with the thirty -first day of May 1861.
Signature and Seal of Felix Jones,
Political Resident in the Persian Gulf
Seal of Sheikh
Mahomed,
Ruler of Bahrein.
Seal of Sheikh
Ali bin Khuleefa,
Brother of the above.
Seal of Sheikh
Hamid bin Mahomed,
Cousin of Sheikh
Mahomed.
8
a
Seal of Sheikh Ahmed
1
bin Mubarek, Cousin
§
of Sheikh Mahomed.
a
<u
o
Seal of Sheikh Khuleefa
E
bin Mahomed Cousin
w
of Sheikh Mahomed.
Approved by His Excellency the Governor General in Council on
the 9th October 1861, and ratified by the Government of Bombay on
25th February 1862.
PART III.
TREATIES, ENGAGEMENTS, AND SUNNUDS
RELATING TO THE
ARABIAN AND AFRICAN COASTS.
ADEN.
On the expulsion of the Turks in 1630, the greater part of Southern
Arabia fell into the hands of the Imams of Senna. In 1735 the latter
were in turn expelled from Aden and other districts by the native Arab
tribes who assumed independence.
Abclalees {Lahej). — Aden, Lahej, and some villages to the north of
Aden, with the country round them, were occupied by the Abdalee tribe.
The first political intercourse with the Chiefs of Aden took place
in 1799, when a naval force was sent from Great Britain with a detach-
ment of troops from India to occupy the Island of Perim and prevent
all communication of the French in Egypt with the Indian Ocean by
way of the Red Sea. The Island of Perim was found unsuitable for
troops, and the Sultan of Lahej, Ahmed bin Abdool Kureem, received the
detachment for some time at Aden. He proposed to enter into an
alliance and to grant Aden as a permanent station, but the offer was
declined. A Treaty (No. LXXIV.), however, was concluded with the
Sultan in 1802 by Admiral Sir Home Popham, who was instructed to
enter into political and commercial alliances with the Chiefs on the
Arabian Coast of the Red Sea.
From that time there was little or no intercourse with Aden till
1837, when attention was drawn to the plunder and maltreatment of the
crews of British vessels wrecked on the Aden Coast. The most notable
case was the plunder of the Deria Dowlut, the crew of which were
268 TREATIES, ENGAGEMENTS, AND SUNNUDS.
ADEN, stripped and most -barbarously treated. Captain Haines, who was then
employed in the survey of the Arabian Coast, was instructed to demand
satisfaction. He was at the same time to endeavour to purchase Aden
as a coaling depot for the steamers plying between India and the Red
Sea. The Sultan Mahsin, who had succeeded his uncle Sultan Ahmed in
1827, at first denied all participation in the plunder, but finding the
British Commissioner firm in his demands, he eventually consented to
give up part of the property, and paid compensation for the rest. A
draft Treaty for the cession of Aden was laid before the Sultan, to which
he verbally gave his consent and promised formally to agree after con-
sulting his Chiefs. In this draft the amount of compensation to be paid
for Aden was left undetermined, but it was afterwards arranged that an
annual payment of 8,700 crowns should be made. On 22nd January
1838 Sultan Mahsin sent a letter under his seal,* engaging, after two
months, to make over Aden, but stipulating that the Sultan's authority
over his people in Aden should be maintained after the cession. To the
continuance of the Sultan's jurisdiction the British Agent objected.
The Sultan replied that he was willing to abide by the terms first offered,
but if these were not accepted, his letter of 22nd January should be
returned to him. Negotiations were at this stage when a plot was laid by
Ahmed, the Sultan's son, to seize the Agent and rob him of his papers.
Delivery of the property stolen from the wreck of the Deria Dowlut'was
also refused ; preparations were therefore made to coerce the Sultan. On
19th January 1839 Aden was bombarded and takon, and the Sultan and
his family fled to Lahej. On 2nd February peace (No. LXXV.) was
made in the Sultan's name by his son-in-law, and on 18th June the
Sultan himself signed a Bond (No. LXXVI.) engaging to maintain
peace and friendship with the British Government, who agreed to pay
* At pages 282 and 283 of a Collection of Treaties published by Mr. Hughes Thomas
in 1851 under the authority of the Government of Bombay, an extract from a letter of the
Sultan of Lahej, dated 25rd January 1 838, is given, which purports to complete and conclude
the transaction for the transfer of Aden to the British Government. The facts, however,
are, as stated in the text, that in the sequel of the letter the Sultan desired that the
negotiations should be broken ofr if his jurisdiction in Aden were not admitted; and the
bargain, owing to the subsequent course of events, was never concluded. The title of the
British Government to Aden rests exclusively on conquest, and not on purchase.
TREATIES^ ENGAGEMENTS, AND SUNNUDS. 269 .
him and his heirs 6,500 German crowns a year, and likewise to pay the ADEN.
stipends which the Sultan was bound to give to the Foudhelee, YafFaee,
Hooshabee, and Ameer tribes. Peace, however, was soon after broken,
by an unsuccessful attempt which Sultan Mahsin made in November
1839 to retake Aden, and the payments were therefore stopped. A
second attack made in May 1840 was also unsuccessful, and the repulse of a
third attack in July of the same year completely disheartened the Arab3
for a time. In 1843 Sultan Mahsin came to Aden and sued for peace.
An engagement (No. LXXVII.) was made on 11th February 1843,
which the British Government considered in the light of an agreement
to be observed between the Political Agent and the Sultan, but not of a
Treaty to be formally ratified. In February 1844 a monthly stipend
of 541 crowns was restored to the Sultan with a year's arrears, and
before paying it, another agreement (No. LXXVIII.) was taken from
him, binding him faithfully to observe his engagements.
Sultan Mahsin, Chief of the Abdalee tribe, died on 30th November
1847, and was succeeded by his son Ahmed, who died on 18th January
1849, and was succeeded by his brother Ali Mahsin. Shortly after his
accession, a Treaty (No. LXXIX.) of peace, friendship, and commerce
which was under negoeiation with his predecessor was concluded with
him. Among its other provisions this Treaty stipulated for the restora-r
tion of the - monthly stipend which had been stopped in consequence
of the share taken by Sultan Mahsin in an attack on Aden in August
1846.
Ali Mahsin, Sultan of Lahej, died on 7th April 1863. His son
Foodhel Ali Mahsin was elected by the tribes and elders to succeed him
in the government. The stipend enjoyed by his father has been con-
tinued to him.
Foodhelees. — The Sultans of Lahej had been in the habit of paying
annually sums of money to the neighbouring tribes through whose
territory the trade of the country passed, and these payments were
continued by the British Government on condition of the Chiefs remain-
ing in friendly alliance. From the weakness of the character of Ali
Mahsin, through whom it was the early policy of the Agent to transact
all business with the Arabs of Aden, the neighbouring tribes ventured
for some years to perpetrate a series of atrocities upon individual British
Officers and others, which the Sultan was quite unable to prevent or
270 TREATIES, ENGAGEMENTS, AND SUNNUDS.
ADEN, punish. His efforts, indeed, to procure compliance with the demands of
~ the British Government for satisfaction for these outrages brought on
him the hostility of his rivals the Foodhelee tribe, who had sheltered some
of the murderers, and who endeavoured to stir up some of the neighbour-
ing tribes to hostility with the British. The Foodhelees, with whom an
engagement (No. LXXX.) was concluded after the capture of Aden,
are one of the most powerful, fanatical, and warlike tribes near Aden.
Their possessions lie immediately to the east of that Settlement. The
stipend of the Foodhelee Chief was stopped till he should expel the crimi-
nal who had taken refuge with him. This he did, and on the restoration
of his stipend, he voluntarily signed an agreement (No. LXXXI.) to
protect the roads from Aden through his territory. The powerlessness
of the Sultan of Lahej, however, to prevent or punish these crimes led
to a change in the policy of dealing with the tribes, and to the com-
mencement of intercourse with the Chiefs direct instead of through the
Sultan of Lahej.
Akrabees. — The Akrabee tribe are a sub-division of the Abdalces,
who, under Sheikh Mehdi, threw off allegiance to Abdool Kureem of
Lahej and became independent. Their residence is at Bir Ahmed and
the harbour of Little Aden. An engagement (No. LXXXII.) was con-
cluded with them after the capture of Aden. In 1857 the Chief of the
Akrabee tribe renewed (No. LXXXIII.) his profession of peace and good
will. In 1863 an agreement (No. LXXXIV.) was made with him, in
which, for an immediate payment of 3,000 dollars and a monthly
stipend of 30 dollars, he engaged not to sell, mortgage, or give for occu-
pation, save to the British Government, any portion of the Peninsula
of Little Aden.
Oulakees. — This tribe occupies the coast from the borders of Hud-
ramat westwards about fifty-five miles, and about two hundred miles
inland. The tribe is divided into two sections, the upper and the lower
Oulakee, each under an independent Chief. In 1855 an engagement
(No. LXXXV.) was made with them for the prohibition of slavery.
Other Tribes. — After the conquest of Aden, the efforts of the Poli-
tical Agent were chiefly directed to the establishment of friendly
relations with the Arab tribes in the neighbourhood, with several of
whom, the Hooshabees, Yaffaees, Subeihees, and others, engagements
(Nos. LXXXVI. to XCIII.) were concluded.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 271
The following is a list of Aden Chiefs who receive stipends from the ADEN.
British Government : —
Names.
Annual amount
of Stipends.
Sultan Ahmed bin Abdoolla Foodhelee, of Foodhelee tribe
Sultan Foodhel Ali Mahsin of Lahej, of £he Abdalee tribe
Sheikb Abdool Babadoor Mehdi, Akrabee Chief ...
Sultan Obaid bin Yehia, of the Hooshabee tribe...
Sheikh Salleh, of the Allowee tribe
Sultan Mahomed Syud, of the Ameer tribe
Sultan Ali Ghoolab, of the YafFaee tribe ...
Sheikh Widjedeen D'bene . •
Sheikh Allidulla Rugaee, of the Subeihce tribe
Rs. A. P.
782 15 0
14,119 IS 0
782 15 0
1,409 6 2
130 7 11
108 11 11
543 11 11
91 5 7
26 1 7
No. LXXIV.
Abdahea
(LdhejJ.
No. LXXIV.
His Excellency the Most Noble the Marquis Wellesley, Knight of
the Most Illustrious Order of St. Patrick, one of His Majesty's Most
Honourable Privy Councillors over all the British Possessions in the East
Indies, being desirous of entering into a Treaty of amity and commerce
with Sultan Ahmed Abdool Kureem, Sultan of Aden and its dependen-
cies, has named, on his part, Sir Home Popham, Knight of the Most
Sovereign Order of St. John of Jerusalem, and Ambassador to the States
of Arabia ; and the said Sultan has named Ahmed Basaib, Prince of Aden,
who having both met, and being satisfied with each other's powers, have
agreed to the following Articles for the mutual benefit of their respective
nations, but subject to the final ratification of His Excellency the Most
Noble the Governor General of India : — ■
Article 1.
That there shall be a commercial union between the Honourable the
East India Company, or such British subjects as may be authorized by
the Governor General of India, and the subjects of Sultan Ahmed
Abdool Kureem.
272 TREATIES, ENGAGEMENTS, AND SUNNUDS.
ADEN. Article 2.
No. LXXiv. The Sultan agrees to consider the ports of Aden as open for the
Abdaleea reception of all goods brought on British ships, which goods or merchan-
(Lahfj). dizc are to pay a duty of two per cent, and no more, for the space of ten
years, on the invoice or manifest of the goods, and no other charges
whatever are to be exacted for anchorage, weighing, or custom-house
fees, by the Sultan or any of his Officers.
Article 3.
After the aforesaid term of ten years is expired, then the duties are
to be raised to three per cent, and never to be made higher by the Sultan,
his heirs and successors, on pain of forfeiting the friendship and commer-
cial intercourse of the British nation. The Sultan also binds himself
not to make any other charges whatever, of anchorage, weighing, or cus-
tom-house fees, under the penalty before mentioned.
Article 4.
The same duties of two per cent, for the first ten years, and three
per cent, for ever after, are also to be paid on all goods exported from
Aden, which are the produce of the Sultan's territories, or the country
surrounding them ; and no other charges or demands whatever are to be
made on those goods by the Sultan or any of his Officers.
Article 5.
If, however, any goods are purchased by the Honourable the Company,
or any British subjects in the town or the port of Aden, the produce of
Africa, Abyssinia, or any other country, not in the possession of the
Sultan, then no duty is to be paid, as it is to be considered that such
goods have paid a duty on their first being landed, and consequently the
Sultan agrees that they shall not pay duty a second time.
Article 6.
The British subjects who use the ports of Aden shall have the pri-
vilege of transacting their own business, and not be obliged to commit it
to the arrangement of any other person, nor forced to use any broker
TREATIES, ENGAGEMENTS, AND SUNNUDS. 273
or interpreter whatever, unless they shall please to do so ; and then such ADEN.
broker or interpreter to be a person of their own choice, and not subject No. LXXIV.
to any control on the part of the Sultan. Abdalees
(Lahef).
Article 7.
It shall be lawful and free for the subjects of the British nation to
make over their property to whomsoever they please, without any control,
either in health or in sickness ; and if any person, being a British subject,
should die suddenly and without a will, then the whole of his property,
after paying his just debts to the subjects of the Sultan, is to be vested
in trust in the hands of the British Resident, to be transmitted by him to
the Supreme Government, or any other Presidency, for the benefit of his
family and his lawful heirs.
Article 8.
That no dispute may hereafter arise about the person claiming the
protection of the British flag, whether European or Native, a Register
shall be kept of all the British subjects residing at Aden, where every
person having a certificate from either of the Presidencies in India shall,
by that certificate, be registered in the Offioe of the Cadi and the British
Resident, and if he fails to register himself, he shall not be entitled to
the benefits contained in the seventh Article.
Article 9.
The benefit resulting from the seventh Article is to be considered as
extending to any travelling merchants, or supra cargoes, being subjects
of the British Government, and the crews of all the ships navigating
under the British flag, upon a certificate being produced from the Com-
mander of such ships to which they belonged at the time of making a
will, or dying without one.
Article 10.
The Sultan binds himself, his heirs and successors, to give every
assistance in his power to recover the debts due from any of his subjects
to the British subjects ; and that after three months from the time that
any British subject shall send his demand to the Cadi for his assistance
vol. vii. 2 ?n
i;i TKF.ATIKS, F,NC\i;KMI:NTS, AND STJNNUDS.
ADBN. and prove a just debt, that then, if it is not paid, the Cadi shall, have the
\ 1.XX1V. power to order the property of the debtor to be seized and sold for the
— — benefit of the creditor ; but if the person owing the debt to the British
(Ln^rf) SVLtyeet nas no property, then the Cadi shall confine him in gaol till some
arrangement is made which is satisfactory to the British Government.
Article 11.
If any disputes arise between registered British subjects, they are
to be referred to the British Resident, who is to give his award according
to the best of his judgment, founded on the laws of his own country.
This award to be final in any case not exceeding two thousand dollars ;
but above that sum it is to be subject to an appeal in the different Presi-
dencies of India. If, however, either party refuses to comply with this
award, then the Sultan is to give power to the Cadi to imprison the
party, according to the request of the Resident. This Article is intro-
duced for the purpose of establishing the most perfect regularity and
harmony between the registered subjects of the British nation and those
of the Sultan.
Article 12.
All disputes between the subjects of the Sultan and those of the
British nation are to be settled by the established laws of the country.
Article 13.
The Sultan agrees, for the consideration of dollars, to give
over a piece of ground on the west side of the town, of yards by
yards, for the use and purpose of the British nation, on which
the Company may erect any house or building, and completely wall it in,
if it shall be judged necessary to do so ; and the Sultan agrees to prevent
any building whatever from being made within twenty yards in front
of the said Company's wall, or fifteen yards on either side.
Article 14.
The British nation not to be subject to any indignities, and to have
free permission to enter the town by any gate or direction, and ride,
or use, without the least molestation whatever, either horse, mule, ass,
or any other beast which they may think proper.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 275
Article 15. ADEN.
If any soldier or British subject, not being- a Mahomedan, should Nos lxxiv^
desert and go to the Cadi or other Officer of Government and offer to & lxxv.
embrace the Mussulman religion, then the Cadi is to make a report to the Ahdalee
Resident, that he may claim him as a British subject ; but if no claim is {Lahej).
made after the expiration of three days from the time the report is made
by the Cadi, or other Officer, he is to act as he pleases with the person who
so deserts from his own country.
Article 16.
The Sultan to give over a piece of ground as a public burying place
for all the British subjects who may die in the territories of the Sultan,
and no charge to be made for the interment of any person except such
as shall be agreed on for those who assist in the funeral.
Article 17.
Any other Articles which may be proposed by either of the parties
and mutually agreed on may be hereafter entered in this Treaty, and the
Ambassador on the part of the British Government is ready to convey any
further proposition from the Sultan to the Governor General, or enter
into a contract for the purchase of any quantity of coffee, or the deli-
very of any British goods, on the prices which may be mutually agreed on.
The above-written seventeen Articles of Treaty, having been read
and maturely considered by the plenipotentiaries on both sides and the
Sultan, the Sidtan has put his hand and seal to a true copy in Arabic,
and the British Ambassador has set his hand and seal to this English
copy, on board of His Majesty's Ship the Ranney in Aden Roads this
6th day of September 1802.
(Signed) Home Popham.
No. LXXV.
Copy of a Treaty of friendship between the Abdallees and English signed by-
Sultan M. Houssain's accredited Agent and son-in-law.
Bismillah Rehmaan Rehim Bemenet Alia !
From this day and the future, Syud M. Houssain bin West bin
Hamed Suffrain gives this promise to Commander Haines, gentleman,
on his own head, in the presence of God, that there shall be friendship,
TREATIES, ENGAGEMENTS, AND SUNNUDS.
ADEN, and peace and every thing good between the English and Abdalees. I
is i.wv. promise no wrong or instiM >liall bedonej bul it shall be peace and the
,,"77 British Government agree to the same. Sultan M. Houssain and all
Abdalees °
LLahrj). interior Sultans agree to this, and I am responsible, all those even on the
roads to the interior shall be kept from molesting any one by me, as they
were when Sultan M. Houssain possessed Aden. This is agreed upon
between me and Commander Haines on the part of government, and
I promise to do even more than I have hitherto done, please God. I
require respect from Commander Haines in return, and more than before
if possible.
(Signed) Sytjd M. Houssain West.
17th Zilkadah, -) „ Hassan Cateef.
,}
2nd February 1839. J „ S. B. Haines.
Copt of a Tbeaty between Sultan M. Houssain and his children and the English
through his accredited Agent.
This Treaty is formed between Syud Mahomed Houssain and Has-
sun Cateef on account of the Sultan of Lahej and Commander Haines,
the Agent to the Government.
On the word and promise of Sultan M. Houssain, I promise that
no insult or molestation shall take place on the road, or between the
English and my people, and that all shall be peace and quietness ; and I
agree that between my people and your people there shall be no differ-
ence or oppression, and that the English agree that all shall be peace, and
that all merchants shall be free to trade without oppression.
The witnesses to this are —
Rashed Abdoolla.
Hadjee M. Houssain.
Shah Montee.
Hadjee Jaffer.
(Signed) Syud M. Houssain bin West.
„ Houssain bin Abdoolla Cateef.
Uh February 1839. „ S. B. Haines.
Approved by the Bombay Government on 23rd February 1839.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 277
NO. LXXVI. ADEN.
Tbanslation of a Bond entered into by Sultan M. Houssain Fudthel and Lis No. LXXVI.
sons Sultan Ahmed Af . Houssain Fudthel, Ali, Abdoolla, and Fudthel,
with Commander Haines, the Political Agent at Aden.
{Lahej).
Sultan M. Houssain Fudthel and his sons named above agree, with
a view to the tranquillity of their territory, the protection of the poor
and weak, the security of their tribe, and the safety of the roads, that
the Sultan shall be answerable for any outrages committed by his people
on the roads, and that they shall not offer any opposition to the British
Government ; that the interests of both shall be identical. The claim
for the stipends due to Foodheli, Yaffaee, Hooshabee, and Ameer tribes
shall be upon the British Government. Sultan M. Houssain and his
children, in perpetuity, and from generation to generation, shall receive
from the British Government a stipend of 6,500 dollars annually, to
begin from the month of Zilkad Hegira 1254 (January, February 1839).
The land from Khoor Muksa to Lahej, as far as it is known to belong
to the Abdallee tribe, is under the authority of the Sultan. In case
of any attacks upon Lahej or the Abdallee tribe, or upon Aden or
the British troops, we (the Sultan) and the British shall make a common
cause. Any of our subjects entering Aden must be obedient to the
British laws, and any of the British subjects, when in Lahej, must
submit to our authority. If I (the Sultan) or my children proceed to
and from Aden, we shall not be liable to any customs.
Bated Tuesday, 6th Rubeeoosanee Hegira 1255, 18^ June 1839.
Seal of
M. Houssain
Fudthel.
"Witnesses :
(Signed) Jaffer, Vakeel of Commander Haines.
„ Hassan Abdoolla Ali Cateef.
„ Abdool Suffer bin.
„ Abdoolla Rubee.
„ Ali be Abdoolla.
„ Ali Ahmed.
Ratified by the Right Honourable the Governor General of India
on the 24th of October 1839.
(Signed) T. H. Maddock,
Offg. Secy, to the Govt, of India,
with the Governor General.
278 TREATIES, ENGAGEMENTS, AND SUNNUDS.
ADEN. No. LXXVII.
No. LXXVII. iphifl Xbbatt is made by Sultan M. Houssain Fudthel, his heirs and successors,
A'.'i'iUes the tribes of the Azeibee and Sellamee, on their visit to Aden on Saturday,
(Lakej). the 27th day of Shar el Hadjel Haram 1258.
Being- anxious to make peace with the British Government, Captain
Stafford Bettesworth Haines, in the name of the British Government, has
given his consent and has made peace with Sultan M. Houssain Fudthel
and his adherents, and on this Treaty has Sultan M. Houssain Fudthel
placed his seal, and Captain Stafford Bettesworth Haines, on the part
of the British Government, has set his seal. Inasmuch as peace is good
and desirable for both parties, the Sultan M. Houssain Fudthel of Lahej,
in the name of himself, heirs, successors, and the tribes of Sellamee and
Azeibee, and Captain Stafford Bettesworth Haines, on the part of Her
Most Gracious Majesty Queen Victoria 1st, of Great Britain and Ireland,
have made this holy agreement, that between the two governments shall
exist a firm and lasting friendship that shall never be broken from the
beginning unto the end of all things, and to this agreement God is
witness.
Article 1.
In consideration of the respect due to the British Government,
Sultan M. Houssain Fudthel agrees to restore the lands and property of all
kinds belonging to the late Hassan Abdoolla Khuteeb, Agent to the
British at Lahej, after such property shall be proven. But the Sultan
M. Houssain expects in return that certain revenue and territorial
books styled Deiras, said to be in the possession of the Khuteeb family,
should be restored to the government of Lahej, and then their per-
sons shall be safe, should they wish to go inland.
Article 2.
The Sultan will, on the same consideration, and has, in the pre-
sence of witnesses, settled all claims made by Shumaiel, the Jew, and he
will also attend to all claims that may be brought against him during
his fifteen days' residence in Aden,
TREATIES, ENGAGEMENTS, AND SUNNUDS. 279
Article 3. ADEN.
Such transit duties as shall be hereafter specified shall be exacted No. LXXVII.
by the Sultan, who binds himself not to exceed them. The Sultan Abdalees
will also, by every means in his power, facilitate the intercourse of mer- {Lahej).
chants, and he shall in return be empowered to levy a moderate export
duty.
Article 4.
The Sultan engages to permit British subjects to visit Lahej for
commercial purposes and to protect them, allowing toleration of religion,
with the exception of burning the dead.
Article 5.
Should any British subject become amenable to the law, he is to be
made over to the authorities at Aden, and in like manner are the subjects
of the Sultan, to be made over to his jurisdiction.
Article 6.
The bridge at Khore Muksa is English property, and as such shall
be kept in order by them ; but should it be proved that it is destroyed
by the followers of the Sultan, he shall repair it.
Article 7.
The Sultan binds himself, as far as he can, to keep the roads clear
of plundering parties and to protect all merchandize passing through
his territories.
Article 8.
British subjects may, with the permission of the Sultan, hold in
tenure land at Lahej, subject to the laws of the country, and in like
manner may the ryots of the Sultan hold property in Aden subject to
the British laws.
Aeticle 9.
Such articles as the Sultan may require for his own family shall
pass Aden free of duty, and in like manner all presents and all govern-
ment property shall pass the territories of the Sultan free from transit
duty.
AlH'.N.
280 treaties, engagements, and sunnuds.
Article 10.
No* LXXVII With regard to the stipend of the Sultan, it entirely rests with
L LXXVIII. Captain Haines and the British Government. The Sultan considers
AhdaL* the British his true friends, and likewise the British look upon the
{Lakej). Sultan of Lahej as their friends.
This Treaty is concluded on the 11th day of Shar Mohurrum liar am
Ashoor, in the year of the Hegira 1258, 11th February 1843.
Seal.
Seal.
(Signed) S. B. Haines, Captain, I. N., Sfc,
Political Agent, Aden.
No. LXXVIII.
The following further Bond was entered into by the Sultan of Lahej on the
20th February 1844, previous to the renewal by government of payment of
his monthly stipend of five hundred and forty-one German crowns, which
had been stopped in consequence of his having broken his former engage-
ments.
Article 1.
The Right Honourable the Governor General of India having been
graciously pleased to grant to me a monthly salary of 541 German
crowns, so long as I continue to act honestly and amicably towards the
British, in every respect adhering to the terms of my late Bond, dated
11th February 1843, especially sworn and delivered to Stafford Bettes-
worth Haines, Esq., Captain in the Indian Navy, and Political Agent
at Aden.
Article 2.
I hereby solemnly attest the religious sincerity thereof, and more-
over declare that in all things relating to the peace, progress, and prosperity
of Aden, I will use every effort to avert calamity, and lend my utmost
TREATIES, ENGAGEMENTS, AND SUNNUDS. 281
aid to support the interests of the British flag ; and I will conform in ADEN.
all intention and purpose to the Articles specified in my late Bond dated No.LXXVllI.
11th February 1843. ^~e.
Article 3. (Lahef).
I further bind myself by oath, that should any breach of faith, or
trespass on the aforesaid Bond, either as concerning myself, children,
Chiefs, or any other person or persons of my tribe, or those in my pay,
or any individual whomsoever in any way or by any means connected
with my government or under my jurisdiction, or should one or any of the
aforesaid persons be in any manner convicted of having been privy to or
accessary to^ such breach of faith, or trespass on the Treaty, or of com-
mitting any act of plunder whatever on the roads leading into Aden
from the interior, to take the whole responsibility on myself and to be
answerable to the British ; and if I or other above mentioned, either
openly or by secret machination, protect any offender, and do not render
entire satisfaction to the British, I freely and solemnly swear to relin-
quish all claim to the salary granted by the Right Honourable the
Governor General of India and declare myself perjured before all men.
Article 4.
I further swear that, if I do not strictly abide henceforth by the
Bond dated 11th February 1843 and the above-mentioned conditions, all
claim I may have on the kindness, friendship, and generosity of the
British Government is rendered null ; and consequently, for any breach
of truth or aggression on my part for the future, I render myself open
to the severest retribution.
Dated the 20 tk February 1844.
(Signed) Sultan M. Houssain Fudthel.
Seal
of the
Sultan.
S. B. Haines, Captain, I. N.,
and Political Agent at Aden.
vol.- vn. 2 n
2*2
A I' IN.
TREATIES, ENGAGEMENTS, AND SUNNUDSv
No. LXXIX. .
.s<». I. XXIX. »£«0 gecure commercial advantages with friendly intercourse, good will, and a lasting
AbJalees peace to both powers, this Treaty is made, agreed to, sealed and signed by
{Lahej). those possessing full power and authority, viz., Sjultan Ali Ibn M. Houssain
Fcdthkl, for himself, his heirs and successors, also for the Azzabee and Sala-
mee tribes, and all other tribes and divisions of tribes under his government,
authority, or control, and Stafford Betteswokth Haines, Esq., Captain in
the Indian Navy, and Political Agent, Aden, being invested with full power
bo to do from the Right Honourable the Governor General of India, but it
must be subject to the final ratification of the Government of India.
Inasmuch as peace and commercial intercourse and prosperity is
good and desirable among- all nations, and particularly advantageous to
the powers above named, the Sultan Ali M. Houssain Fudthel of Lahej,
in the name of himself, heirs, successors, and all tribes under his govern-
ment, control, and authority, and Captain Stafford Bettesworth Haines,
on the part of the Right Honourable the Governor General of India, make
this agreement, that between the two governments shall exist a firm
and lasting friendship which shall never be broken, and both parties agree
to and ratify, under seal and signature, the following Articles : —
Article 1.
In consideration of the respect due to the British Government, Sul-
tan Ali M. Houssain Fudthel binds himself to secure to the rightful owners
all ground, household or other property that may be within the limits of
his territory belonging to the British subjects of Aden, and that their
persons or agents shall he safe and respected, should they proceed inland
to look after and collect the rente of such property, or for any other
correct purpose.
Article 2.
Sultan Ali M. Houssain Fudthel engages to permit British subjects
and all inhabitants of Aden to visit Lahej or any part of his territory,
for either commercial purposes or pleasure excursions ; he will ensure them
protection, and full toleration of religion, with the exception of burning
the dead.
I
tkeaties, engagement!!, and sunnuds.
Article 3.
283
ADEN.
Should any British subject become amenable to the law, he is to be No. LXXIX.
made over for trial and punishment to the authorities at Aden.
AltTICLE 4.
British subjects may, with the permission of the Sultan of Lahej,
hold in tenure land at Lahej or other towns, or villages in his terri-
tory, subject to his law, and in like manner may the ryots of the Sultan
of Lahej hold property in Aden, subject to Bx-itish law and jurisdiction.
Article 5.
The bridge of Khore Muksa, and the plain between it and the
Mountains of Aden forming- the Isthmus, is British property, and no
farther north.
Article 6.
Sultan Ali M'Houssain Fudthel binds himself to keep the roads lead-
ing to Aden clear of plundering parties, and to protect all merchandize
passing through his territory, punishing, if in his power, all who plunder,
molest, or injure others.
Article 7.
•
Such articles as the Sultan of Lahej may personally require for
his own household shall pass Aden free of all custom duty, and in like
manner all government property shall pass the territories of the Sultan
free from transit duty.
The Sultan of Lahej binds himself to levy only the following
transit duties within his territory upon all goods passing into Aden from
the hills, viz., belonging to British subjects : — ■
"Wheat
...
. 2
per cent.
upon inland value.
Jowari
...
. 2
>>
>> >>
Flour
. 2
a
)) )>
Ghee
...
. 2
>)
>> )>
Grass and fruits of all kinds . .
. 2
>>
>> >}
Honey
...
. 2
)>
}) »
Fooah
...
. 2
>>
)> >t
Dholl
... . •
. 2
>}
>) n
Abdalees
{Lahej).
:m
TREATIES, ENGAGEMENTS, AND SUNNUDS.
ADEN.
NaLWiX
Abdalee*
(Lahef).
Free of duty, being the growth of the Abdalee
territory,
Senna
Gums, Frankincense, &c
Worruss
Coffee
Khaut
Vegetables
Wood
Grass and kirby .
and 2 per cent, upon all articles not enumerated.
Articles passing out from Aden into his territory,
Outub Cotton
Snuff
Pepper
White and cotton cloths
Iron lead ...
Hookahs ...
Dates
and 2 per cent, on all articles not enumerated above.
2 per cent, upon inland value.
* >> >) >>
" )> it »
" » » )>
~ ii 11 it
... 2
per cent.
... 2
)>
... 2
>>
... 2
)>
... 2
>>
... 2
>)
... 2
»
Article 8.
Sultan Ali M.Houssain Fudthel binds himself to encourage the growth
of all kinds of European and Native vegetables for the Aden market.
Article 9.
Sultan Ali M. Houssain Fudthel most solemnly attests the religious
sincerity of this agreement, and moreover declares that in all things
relating to the peace, progress, and prosperity of Aden, he will lend his
utmost aid to support the interest of the British, and will listen to, and,
if possible, attend to the advice of, the British Government representative
in Aden in all matters.
Article 10.
Sultan Ali M. Houssain Fudthel further binds himself by oath, that
should any breach of faith, or trespass on the aforesaid Bond, either as
concerning himself, children, relatives, Chiefs, or any other person or
TREATIES, ENGAGEMENTS, AND SUNNUDS. 285 a
No. LXXIX^. ADEN,
LAHEJ.
Teems of Convention entered into between Sultan Fadiiil bin Maiisin Abdulla, —
on the one band, and Lieutenant-Colonel W. L. Merew ether, on the
part of Her Majesty's Indian Government, on the otber, this 7tb day of
March 1867, in regard to an aqueduct to be made between Sheik Othman
and Aden, and, if necessary, from a more distant point, for the purpose of
supplying the Garrison and Town of Aden with a sufficiency of fresh water.
Article 1.
The work of the aqueduct to be entirely carried out by the British
Government, and in the first instance everything to make the scheme
complete, including camels for the Persian wheels, to be given by the
British Government.
Article 2.
When the aqueduct has been finished and it has been put into
complete working order, its future maintenance to rest with the Sultan
of Lahej, cost of repairs and renewal of stock being paid for by him out
of his share of the profits realized by sale of the water.
Article 3.
The works at Sheik Othman or at Dhurub, if the aqueduct is
extended to the latter place, as well as the whole line of aqueduct from
those places to Aden, to be watched and protected by the Sultan of
Lahej.
Article 4.
The remains of the old aqueduct to be given free for use in the
construction of the new work. In return for the use of the water and
what he binds himself to perform, the Sultan
* Sale price, l rupee per ioo of Lanej to receive half of the amount*
realized by the sale of the water in Aden;
account to be rendered and amount to be paid over monthly.
Article 5.
Repairs, when necessary, to be executed through the Resident, who
will then, before payment of monthly profits to the Sultan of Lahej,
deduct the whole, or a portion, of the cost thereof, as he deems right.
VOL. VII., PAGE 285.
285 4 treaties, engagements, and sonnuds.
aden, Article 6.
T A 11 RJ
A good road, 45 feet broad, clear and level, to be made by the
No. LXXIX A. Suitan of Lahej out of the profits from the Khore Muksa to Sheik
Othman and on to Dhnrub if the aqueduct be extended there. The
road may be made under the direction of the Resident, who will recover
the cost in the same manner as for repairs.
Article 7.
The British Government to make a similar road from the Khore
Muksa into Aden.
Article 8.
The above to be binding on Sultan Fadhil bin Mahsin Abdulla,
Sultan of Lahej, and his successors.
(Sd.) Fadhil bin Mahsin,
Sultan of Lahej.
„ W. L. Merewether, Lient.-CoL,
Resident, Aden.
Seal.
(Signed) S. B. Haines, Captain, I. N.,
Political Agent.
Ratified by the Most Noble the Governor General of India on the
30th October 1849.
(Signed) H. M. Elliot,
Secy, to the Govt, of India,
with the Govr. Genl.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 285
persons of his tribe, or those in authority under him, or in his pay, or by ADEN",
any means connected with this government, or under his jurisdiction, No lxxix
or should one or any one of the aforesaid persons be in any manner con-
J r J Abdalees
victed of having been privy to or accessory to such breach of faith, or (Lahef)
trespass on the Treaty, or of committing any act of plunder on the roads
leading to Aden through his territory, to take the whole responsibility on
himself and to be answerable to the British Government. Further, if he,
or any other above mentioned, either openly or by secret machination,
protect any offender, and do not render entire satisfaction to the British,
and for any breach of the above Articles, he freely and solemnly swears
to relinquish all claims to the salary (hereafter mentioned) granted by
the Right Honourable the Governor General of India and declares himself
a perjured man.
Article 11.
Stafford Battesworth Haines, Captain in the Indian Navy, and
Political Agent at Aden, being duly authorized, does hereby solemnly
promise, in the name of the Right Honourable the Governor General of
India, to pay to Sultan AH M. Houssain Fudthel, his heirs and successors,
the sum of five hundred and forty-one German crowns per month, so
long as he or they continue to act with sincerity, truth, and friendship
towards the British, and in every respect strictly adhering to the terms
of this Treaty.
This Treaty is concluded and agreed to this seventh day of March, in
the year of our Lord one thousand eight hundred and forty -nine.
In witness whereof we have set our seal and signature.
2S0 TREATIES, ENGAGEMENTS, AND SUNNUDS.
ADEN. No. LXXX.
No. LXXX- Translation of a Bond from Sultan Ahmed Bin Abdoolla Foodhelee.
Sultan Ahmed bin Abdoolla Foodhelee, his brothers Saleh, Nasir, and
Fudl, and his cousius, do hereby agree, that they enter into an agreement
■with their tribe, and those dependent upon them and those upon the
latter, as before arranged with Commander Haines, who agrees to pay to
these people the stipend which they used to receive from Sultan
M. Houssain Fudl Abdalee. The agreement which has passed between
them (the Sultan and Commander Haines) is, that whatever belongs
to the Sultans of Abdalee, former and succeeding, and to those of
Foodhelee, former and succeeding, shall be theirs ; that the Abdalee shall
be responsible, as stipulated, for all injuries or outrages perpetrated in
Lahej, its vicinity, or within its limits, or in Aden, its roads, or its
limits ; and the above Sultan Ahmed, for all acts of excess on the part of
any of the Foodhelee, their clans, or those dependent upon them. In
case Sultan Ahmed afford any assistance to any other Sultan or tribe,
this agreement shall be null and void. Our (Sultan Ahmed's) hand
and Sultan M. Houssain's hand is one and the same. Our friends and
his friends are identical. If any of the above tribe commit any
plunder or depredation on the roads or in Lahej, the Bond that we pos-
sess shall be null, until we shall recover and restore the plundered
property. Should any assault or murder be committed in Lahej or Aden,
or on their roads, and should the act be brought home to any of the
Foodhelee or their tribe, he shall be seized and is to be considered an
offender. This Bond is always binding, and shall never become a dead
letter. We shall draw the settled stipend every six months, and whenever
there shall be any pressure of necessity, Government shall pay us a part
(intermediately). The payment is to commence from the month of
Zilkad Hegira 1254 (January, February 1839). Whatever is fixed for the
above people shall be received by them through us or Sultan M. Hous-
sain or his children. These are the stipulations agreed to by Sultan
Ahmed Foodhelee, and which are mediated by Salim bin Sheikh and
Syud bin Sulah, who are the Vakeels of Sultan Ahmed. This agree-
ment is consented to on Monday, the 26th day of Rubbee-ool-Akhir
Hegira 1255 (8th July 1839). The half-yearly allowance which we
/
TREATIES, ENGAGEMENTS, AND SUNNUDS. 287
shall receive from government is 182£ Cooroosh, half of which is 91£. ADEN.
The provisions which the above people are accustomed to receive must N03. LXXX
be given to them at Lahej through the Sultan or his children. & LXXXI.
(Signed) Sultan Ahmed bin. Foodheiee*.
Abdool bin Ahmed Foodhelee.
"Witnesses :
Moolla Jaffer, Vakeel of Commander Haines.
Ali bin Abdoolla Ahmed.
Salim bin Nasir, Arab.
Cazee Abdool Ruzak bin Ali.
No. LXXXI.
Seal of Ahmed
bin Abdoolla, the
Foodhelee.
An honourable Bond and a great wi-iting !
I, whose name and seal are set herein, have covenanted to the beloved
Alowi bin Zain Alaidroos upon peace and friendship between us and
the Governor, William Coghlan Sahib, the ruler of Aden, and also
upon the safety of the road and security of the poor from Lahej to
Aden. I am responsible for every sedition that may take place on
the road on the part of all the Foodhelee tribes, either inhabitants of the
hills or coast. I am answerable for it for all what goes to them on the
roads of Ibian and Aden. Whatever plunder may take place upon our
subjects on the coast, I will call upon Syud Alowi, and the Governor
of Aden has the interposition.
If God should decree a quarrel between the Foodhelee and the
Abdalees, each would know his own friend, and the English should not
interfere amongst Arabs. Each would go on according .to his rule and
covenant, and if any one should try to make mischief betwixt us (Food-
helee and English), the saying of such enemies must not be listened to.
288
TREATIES, ENGAGEMENTS, AND SUNNUDS.
. ADEN. The Governor of Aden should abolish the invention which they
Nob. LXXXI nave established at the gate of Aden upon the poor of our subjects and
& LXXXII. others ; for the sake of the good condition of the needy, we and the
jj^ifeei English are friends upon sincerity and good will between them and us,
and protection for our said friends (subjects) .
I have covenanted to the beloved Alowi and he will covenant on my
behalf to the Governor, William Coghlan.
In the presence of
Saleh bin Abdoolla.
Nasir bin Abdoolla.
FoODHEL BIN ABDOOLLA.
Ali bin Ahmed Azab.
No. LXXXII.
Engagement of peace and friendship entered into, on the 4th February 1839, by
Sultan Hydra bin Mehdi, of the Akrabees, and Sheikh Abdool Kukeem
bin Sallah Mehdi, Sheikh Fcdthel bin Hydea bin Ahmed, of Sela,
Akrabee Chiefs, with Commander Haines, of the Indian Navy, on behalf
of the Honourable East India Company.
Between the British and Akrabees there shall be peace and lasting
friendship. Aden, belonging to the English, and the Akrabee tribe,
shall be at peace and firm friends. If the subjects of either wish to
have free intercourse in each other's territory, they shall be welcome, and
receive neither molestation nor insult.
If the English wish to enter the Akrabee territory they shall be
respected and received with kindness, for they are friends. If any
disturbance should take place between the subjects of either country,
the culprit, if English, is to be given over to the laws of Aden ; if
Akrabee, to the laws of the Sultan, for punishment.
In witness of the agreement, in the presence of God.
Dated Aden, the Uh February 1839.
(Signed) Sultan Hydra bin Mehdi.
Witnesses :
(Signed)
Sytjd Alooe.
Rashed Abdoolla.
Jaffer bin Moolla Abool.
S. B. Haines.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 289
No. LXXXIII. ADEN.
Praise be to God, who is worthy of Praise ! No.LXXXIII.
Attestation and agreement from the Sheikh Abdoolla Bahaidarah -Mrabees.
Mehdi and all the elders of the Akrabees whose names are set below :
we have covenanted with His Excellency the Governor, William Coghlan
Sahib, ruler of Aden, upon everlasting sincerity and the repelling of
sedition in their (own) limits, and upon purity of friendship. We will
do all in our power (agreeably to friendship) to protect (the interest) the
English government and its subjects, and if any of the English wish to
come out to Bir Ahmed for recreation, they must inform us, and upon us
rests the (their) perfect reverence and protection ; any want the Governor
may require, we are (his) soldiers day or night. Our country and our
property are in the service of the British Government, and may our Lord
continue the friendship. Ultimately we have covenanted according to
what we have explained above, and we beg God to confirm us in the ful-
filment of the faithful covenants.
This is done on the l%th of Shaban 1273, \Wi April 1857.
(Signed) Abdoolla Bahaidarah Mehdi.
„ Saleh Bahaidarah Mehdi.
„ Abd Al Kureem Silaii Meiidi.
„ Hadj Obaid Ali Yehia.
„ Ali bin Ahmed Ali.
Witnessed by
Syud Mahomed bin Zain Allaidroos.
Syud Aidroos bin Zain Alaidroos.
Sheikh Ali im Ahmed Baabdallah Azab.
In presence of
(Signed) Allowi im Zain Alaidroos.
vol, VII.
290 TREATIES, ENGAGEMENTS, AND STTNNTTDS.
aim,n No. LXXXIV.
N.>. LXX XI V. Praise be to God alone !
~ Tlio object of writing tbis lawful Bond is, that it is hereby cove-
nanted and agreed betwixt Sheikh Abdoolla Bahaidarah Mehdi, Chief of
the Akrabee tribe, on the one part, and Brigadier William Marcus Coghlan,
Governor of Aden, on behalf of Her Majesty the Queen of England, on
the other part, that the said Sheikh Abdoolla Bahaidarah Mehdi doth
pledge himself, his heirs and successors, by this agreement never to sell,
mortgage, or give for occupation, save to the British Government, any por-
tion of the Peninsula called Jibbel Ihsau, including the Khore of Bir Ahmed,
Alghadeer, Bundar, Fogum, and all the intermediate coast and inlets.
In consideration of which act of friendship, the said Sheikh Abdoolla
Bahaidarah Mehdi has received from Brigadier William Marcus
Coghlan, Governor of Aden, an immediate payment of three thousand
(3,000) dollars, and shall also receive from the said Brigadier Coghlan
or his successors a future monthly subsidy of thirty (30) dollars, it
being understood that this stipend imposes an obligation on the part of
Sheikh Abdoollah Bahaidarah Mehdi, his heirs and successors, to
protect all traders and British subjects who pass through or reside in the
Akrabee territory, and also for preserving terms of peace and friendship
betwixt the Akrabee tribe and the Governor of Aden, representing the
Government of Her Majesty the Queen of England.
In token of this honourable engagement, the Brigadier William
Marcus Coghlan and Sheikh Abdoolla Bahaidarah Mehdi do severally
affix their hand and seal at Aden on Friday, the twenty-third day of
January, in the year of Christ one thousand eight hundred and sixty-
three, corresponding with the third day of Shaban in the year of the
Hcgira one thousand two hundred and seventy-nine.
(Signed) Abdoolla Bahaidarah Mehdi,
„ W. M. Coghlan, Brigadier,
Political Resident, Aden,
In presence of
(Signed) Mahomed Bahaidarah.
„ Allowi bin Zain Alaidroos.
„ Aidroos bin Zain.
„ H. Rassam,
Assistant Political Resident, Aden,
TREATIES, ENGAGEMENTS, AND SUNNUDS.
No. LXXXV.
291
Witnessed by Syud
Mahomed bin Abder
Rahman el Tifferi.
i
* Signatures.
C Snlfcan Manasir bin Boo Bekr bin Mehdi,
the Oulaki, done at Hour, dated 14th
October 1855.
Sultan Aboo Bekr bin Abdoolla bin Mehdi
(^ the Oulaki ; same date and place.
f Similar engagements entered into by Ali
Mahomed Zaid, elder of the Habr Ger-
hagis, tribe of Soomalees, at Mait ; done
the 5th Suffer 1272, corresponding with
the 17th October 1855.
Hirsee Ali Mahomed, elder of the Habr
Gerhagis, tribe of Soomalees, at Mait;
done the 5th Suffer 1272, corresponding
with the 17th October 1855.
Mahmood Mahomed, elder of the Habr Taljala tribe, at Hais ;
5th Suffer 1272, corresponding with 17th October 1855.
Aboo Bekr bin Mahomed, elder of the Habr Taljala tribe, at
Racooda; done the 5th Suffer 1272, corresponding with the 17th
October 1855.
Witnessed by Omar
bin Ahmed bin Syud
Ba-Shitioh.
-:
I
ADEN.
In the name of the Most Merciful God, and Him we implore.
The reason of writing this Bond is, that influenced by motives of
humanity and by a desire to conform to the principles on which the
great English government is conducted, we lend a willing ear to the
proposals of our sincere friend Brigadier W. M. Coghlan, Governor
of Aden, that we shall covenant with him and with each other to abolish
and prohibit the exportation of. slaves from any part of Africa to any
other place in Africa or Asia or elsewhere under our authority.
We whose names and seals are set to this Bond do therefore in the
sight of God and of men solemnly proclaim our intentions to prohibit
the exportation of slaves from Africa by every means in our power ; wo
will export none ourselves, nor will we permit our subjects to do so, and
any vessel found carrying slaves shall be seized and confiscated and the
slaves shall be released.
Peace.
No. LXXXV.
Oulakees.
Petty Tribe*.
292 TREATIES, ENGAGEMENTS, AND STJNNUDS.
ADEN. Abdoo Omar, elder of the Habr Taljala tribe, at Unkor ; done the
Nos. LXXXV ^tu ^ay °^ Suffer 1272, corresponding with the 18th October 1855.
ALXXXU. Ali Ahmed, elder of the Habr Taljala tribe, at Unkor; done the 6th
Suffer 1272, corresponding with the 18th October 1855.
Hassun Yousef, elder of the Habr Taljala tribe, at Kurrum ; done
the 6th day of Suffer 1272, corresponding with the 18th October 1855.
Mahomed Leban, Chief of the Habr Taljala tribe, at Kurrum ; done
the 6th Suffer 1272, corresponding with the 18th October 1855.
Yousef Othman, elder of the Habr Taljala tribe, at Ain Tarad ; done
the 7th Suffer 1272, corresponding with the 19th October 1855.
Ahmed Aboo Bekr Mahomed Leban, elder of the Habr Taljala tribe,
at Ain Tarad; done the 7th Suffer 1272, corresponding wTith 19th Octo-
ber 1855.
No. LXXXVI.
Copt of a Tbeatt of friendship and peace between the English and Hazzabee Tribe.
Bismillah Rehman Rehim Bemenet Alia !
Tin's agreement is between tlfe Hazzabees for peace. On the part of
Sheikh Abdoolla Hazzaab, Sheikh Hamed bin Abdoolla Hazzeel Mukee
Hazzabee, and Commander Haines, the English Agent, on the part of
government. We are now friends, and promise peace and friendship,
great and lasting friendship, and that our hearts and wishes are one.
Further, that there shall be peace and friendship with Aden, and that
any of our subjects or the subjects of Britain pass into each other's territory;
neither party shall be insulted, or injured ; we are one. If the subjects of
either do wrong, they are to be given over for punishment by their own laws.
In the presence of
(Signed) Syud Alooe bin Hydkoss Ali bin
BOOKEETER RaSHID ABDOOLLA.
„ Sheikh Mahomed bin Abdoolla
15th Zilkadeh, ") Huzzeeb Mukee Hazzabee.
..}
3UI January 1839. ) (Signed) S. B. Haines.
Tbanslation of a Bond entered into by Sultan Maneh bin Sulam of the
Hooshabee, and his son Sulam bin Maneh, of the Hooshabee.
Sultan Maneh bin Sulam of the Hooshabee, and his son Sulam bin
Maneh, of the Hooshabee, declare of their own accord that they enter into
an agreement with all those under them, belonging to Hooshabee, their
TREATIES, ENGAGEMENTS, AND SUNNIDS. 293
clans, and all those dependent upon them, the Chief of M. Haroorooluwa- ADN\
jeer, and the whole Hooshabee, as before arranged with Commander No. LXXXVI.
Haines, Governor of Aden, who sincerely agrees to pay the allowances re- p ,f~ZTh
ceived by them from Sultan M. Houssain Fudl Abdalee. What has been
arranged between them (Commander Haines and the Sultan) is that what-
ever belongs to the Sultans of Abdalee, former and succeeding, and to those
of the Hooshabee, former and succeeding, shall be theirs respectively.
The Abdalee shall be responsible, as is agreed upon, for all outrages
committed in Lahej, its neighbourhood, or within its limits, or in Aden,
its roads, or within its boundaries, and Maneh bin Sulam for those perpetra-
ted by the Hooshabee, their clans, or those subject to them. In case Maneh
render any assistance to any other Sultan or tribe, this Bond is to be con-
sidered null and void. Our (Sultan Maneb/s) hand is the same as that
of Sultan M. Houssain Fudl, and our friend is identical with Sultan
M. Houssain. In the event of any plunder by any of the above tribes on
the roads or in Lahej, the Bond which we have shall be considered null
until we make restitution of whatever may be carried away. Should any
one commit an assault or murder in Lahej or Aden, or on the roads, and
should such person be proved to be one of the Hooshabee or of their
clans, he shall be seized and considered an offender. This Bond is bind-
ing and lasting. We shall receive our allowance from government every
six months, or a part, if necessary, after two months. This is to com-
mence from the month of Zilkad Hegira 1254 (January, February 1839)*
The above people shall receive the allowance fixed for them through us,
or the Sultan (M. Houssain), or his children. These are the stipulations
agreed upon by Sultan Maneh bin Sulam and Sulam bin Maneh, and
which are mediated by Abee M. Houssain bin Wugees bin Kassim
Suffeean, who is Vakeel of the Hooshabee. These points are agreed to
on Friday, the 2nd Rubee-oo-sanee, Hegira 1255 (14th June 1839).
The allowance fixed for the Hooshabee is 628 Cooroosh Fransa per
annum, half of which is 314 Cooroosh.
Witnesses :
M. Houssain Wugees Suffeean Jaffek, Translator.
Kazee Abdool Ruzak bin All
Ali bin Abdoolla All
I'.l I I 1. ! . v I 1 1-.-. I \«. \< MOMENTS, AND SUNNUDS.
ADEN. No. LXXXVII.
No.LXXXVII Engagement of friendship and peace entered into, on the 12th February 1839,
Pett~TriU* ky Sheikh Ausel mn Hydee bin Ahmed Musaidee, of a district of the
Yaffaccs, and tho accredited Agent from the ancient Chieftain Sultan Ali
Ghalib, of the Yaffaecs, with Commander Haines, of the Indian Navy, on
behalf of the Honourable East India Company.
We agree that there shall be peace and friendship between us, and
that the English at Aden shall be at peace with us. Should the subjects
of either country enter the other's territory, they shall not be molested
or insulted, but be considered as friends.
If Kafelas from the Yaffaee district wish to enter Aden by the Gar
Wallah territory for trade, they shall not be molested, but the property
respected by both parties, and the owners allowed free intercourse and
barter. They may export from Aden, and they shall be respected.
Dated Aden, the 21st February 1839.
(Signed) Sheikh Hasil bin Hadee bin Ahmed.
Witness :
(Signed) Ali Abdoolla Syud Alooe.
Litebal Tbanslation of a Treaty concluded by Sultan Ali Ghalib and his son
Ahmed bin Ali Ghalib, of the tribe of Yaffaee al Efefee.
In the name of God, the merciful, the clement
We faithfully agree, on the part of ourselves and those who are
subordinate to them, those of the tribe of Yaffaee and those who are
dependent on them, and of the tribe of Mureedea and Sayeedeh and
those dependent on them, and for Commander Haines, Governor of
Aden, for all and every belonging to them, on Sultan Moohsum Fuzil
Obaid Ali, Commander Haines, Governor of Aden, and representative
of the Company, and in the manner that went, the Sultan Obaid Ali,
past and future, and those of the tribe who are gone and are coming,
that they shall possess their own property, and that whatever they have
shall be theirs, and whatever loss is occasioned to them in Lahej or
TREATIES, ENGAGEMENTS, AND SUNNUDS. 295
round about it, or in its environs, or in Aden, or on the road of Aden, are ADEN,
included in the same Treaty concluded by Obaid AH, and if any injury No.LXXXVIl
is occasioned by the tribe of Yaffaee or by its dependants Ali Ghalib vMvTribet
shall be responsible, and if at any time Ali Ghalib will render assistance
to any one of the Sultans, or any one of the other tribes, the Treaty
confirmed by God will be violated between us and him, and our hand
and the hand of Sultan Moohsum shall be as one, and our friends and the
friends of the Sultan shall be the same. If any of the above shall be
plundered on the road of Lahej, the Treaty will be infringed ; and if any
thing which we have is broken or taken away, and if any one makes war
in Lahej, or kills any one in Lahej, or in Aden, or on the road of Aden,
and it shall be known that that man is of the tribe of Yaffaee or one of its
dependants, he (Sultan Ali Ghalib) will be responsible. This Treaty
of God which we have will never become old, but be always held to be
new. We shall take what is agreed upon every six months, commencing
the 1st Zilkad 1254 Hegira (18th January 1839), and what is agreed
upon will be taken by us, or by the Sultan, or by his son. This is what
has been agreed upon and settled by Sultan Ali Ghalib and his son
Ahmed bin Ali Ghalib, and has been agreed to by their representatives
Hasil bin Ahmed bin Hadee and Hyder bin Ahmed, who have been sent
by them, and they are the representatives of Ali Ghalib, and this is con-
cluded this 25th day of Rubbee-ool-awul 1255 Hegira (8th June 1839).
Witnesses :
(Signed) Syed Mahomed bin Zein bin Boobukurs.
„ Kazee Abdool Ruza bin Ali Saad bin Musuood.
„ Hasil bin Ahmed bin Wadee, of the tribe of Mooredee,
Vakeels of Ali Ghalib.
„ Mahomed Ali Yehia.
„ Jaffer Moonshee, of the Company's Government.
„ Hyder bin Ahmed Yaffaee, Vakeel of Ali Ghalib.
290
ADEN.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
No. LXXXVIII.
No. Engagement entered into, on the 19th February 1839, by Sheikh Mahomed Syud
: \WV11I. Musaideb, and Sheikh Jwas Abdoolla, Sheikh Mahomed bin Ahmed,
Sheikh Koiei, of the Musaidee territory of the Subeihees, and Commander
Haines, of the Indian Navy, on behalf of the Honoubable East India
Company.
Between us there shall be friendship and lasting peace ; our wishes
shall be one of kindness. Aden shall be at peace with us, and the
subjects of both countries shall be at peace. No molestation or insult
shall be offered in their intercourse with each other.
Dated 19 th February 1839.
Signed by the Chieftains.
Witnesses :
(Signed) Abdool Russook, Cazee of Aden.
Jaffer bin Moolla Abool.
Engagement of peace and friendship entered into, on the 20th February 1839, by
Sheikh Mahomed bin Am Busalee, of the Southern Sub-division of the
Subeihee, with Commander Haines, of the Indian Navy, on behalf of the
HONOUBABLE EAST INDIA COMPANY.
Between us there shall be lasting friendship and peace, and we agree
to it in the presence of God. Our friendship shall be as one.
There shall be peace with Aden, and the subjects of my tribe and
the subjects of the British shall have free intercourse, and not be molested
or insulted in either^ territory.
Any breach of this Treaty, or of the roads to the Red Sea being
infested with robbers, shall be on the head of Sheikh Mahomed bin Ali,
and he will be answerable that no Kafelas shall be molested. This
Sheikh Mahomed bin Ali not only promises in his own district, but
in that of the tribe of Artefee, whom he also controls.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 297
If property, either from Aden or from the Subee territory, wishes ADEN",
to pass through the other territory, it shall be respected and protected ; Nos
and for any infringement Sheikh Mahomed Busalee shall be answerable. LXXXVlir,
Dated 20M February 1839.
LXXXIX
&XC.
(Signed) Sheikh Mahomed bin Ali Busalee.
Witnesses : VeU* THbes-
(Signed) Syud Alooe.
„ Ali bin Abdoolla.
„ Sheikh Arsel Musaidee.
(Signed) S. B. Haines.
No. LXXXIX.
Copy of a Treaty between Syud Mahomed Jaffeb bin Sytjd Hydboos, Chief of
Waheet and all under him, and Commander Haines, Agent of Government.
We agree to lasting peace and friendship.
Aden is open for our free intercourse and friendship, and so is our
country to each other, and both parties agree there shall be no oppression
or insult.
(Signed) Syud Mahomed Jaffer bin Syud Hydroos.
Dated 2nd February 1839.
No. XC.
Engagement entered into, on the 18th February 1839, between Sheikh Jwas bin
Sallaam el Abbadee and his tribe with Commander Haines, of the Indian
Navy, on behalf of the Honoubable East India Company.
Between our respective territory there shall be peace and friendship,
and Aden shall be at peace with the Abbadees.
A free intercourse for barter shall be permitted without insult or
oppression ; and in proof of the faith of this, Sheikh Jwas bin Sallaam
agrees that his people shall not molest or plunder on the roads leading to
Aden, and if any such misdemeanor occurs, he will be answerable.
Dated YbtK February 1839.
(Signed) Jwas bin Sallaam el Abbadee.
Witness :
(Signed) Syud Alooe.
(Signed) S. B. Haines.
vol. vh. 2 p
Petty Tribes.
298 TREATIES, ENGAGEMENTS, AND SUNNUDS.
ADEN. NO. XCI.
Nc*.XCI Engagement of peace and friendship entered into, on the 18th February 1839, by
& XCII. Sheikh Mehdi bin Ali Zababee with Commander Haines, of the Indian
Navy, on behalf of the Honourable East India Company.
Between us and our countries there shall be peace and friendship ;
it shall be lasting ; our interest shall be one.
We agree that Aden and the English shall be at peace with my
tribe, and that the subjects of either may enter the other's territory, and
shall neither be oppressed nor insulted, but treated with friendship. This
we promise on both sides.
"Whoever may enter Aden of Sheikh Mehdi's tribe shall be respected
and allowed free intercourse, attending, of course, to the laws.
If robbery on the roads takes place, either by Sheikh Mehdi's tribe
or any other within his district, he will be responsible.
Dated the \Uh February 1839.
(Signed) Sheikh Mehdi bin Ali.
Witnesses :
(Signed) M. Houssain Shah Montee.
„ Syud Alooe.
(Signed) S. B. Haines.
No. XCII.
Engagement entered into, on the 18th February 1839, by the Sheikh of Zaidee,
Sheikh Sallah Ammoidee, with Commander Haines, of the Indian Navy, on
behalf of the Honoubable East India Company.
Between our respective countries there shall be peace and friendship,
and Aden be at peace with us. The subjects of either may enter the
other's territory without being subject to insult or oppression, merely at-
tending to the laws.
Bated 18^ February 1839.
(Signed) Sheikh Sallah Ammoidee.
Witness :
(Signed) Abdool Russook, Cazee.
(Signed) S. B. Haines.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 299
NO. XCIII. ADEN.
Engagement of friendship and peace entered into, on the 10th March 1839, by No. XCIII.
Aottn bin Yoosoof Shebzebee, with Captain Haines, of the Indian Navy, „^ ~.
__ ' ■" Petty Tribes.
on behalf of the Honourable East India Company.
This paper is my witness, and is written by Sheikh Kasim bin Syud
Sherzebee, and the interpretation is good. I am a friend, and a great
friend with the English ; it is true and permanent friendship. I trust in
God that it will never be otherwise, and that nothing wrong shall ever
take place, not even the slightest insult. My people shall enter your
territory, and yours mine, as friends. Whatever the English please shall
be done, and there shall never be two words. I will always act upon
your seal, whatever it may be. Our friendship is known to God, and He
is witness to it.
Bated \Mh March 1839.
(Signed) Aoun bin Yoosoof Sherzebee.
Witnesses :
(Signed) Syud Alooe bin Zein bin Sub-Hydroos.
„ Jaffer Hadee Sheikh Othman.
(Signed) S. B. Haines,
Political Agent.
SENNA.
/ /// PI affair's I it dory of Yemen and Papers in the Foreign Office.
About the beginning of the seventeenth century, the English obtained
a Firman from the Governor of Mokha for the establishment of a factory,
and permission to trade on payment of a duty on goods} not exceeding
3 per cent. This deed was confirmed by the Turkish Pasha of Yemen.
About the same time the Dutch established a factory at Mokha, which
was then the great depot for the trade of Southern Arabia, and a cen-
tury later a factory was also opened by the French. After the expulsion
of the Turks in 1630, the whole of Yemen came under the government
of the Imams of Senna ; but at the time of Carsten Neibuhr's visit to
Senna in 1763, the Native Arab tribes of the Provinces of Aden, Aboo
Areesh, Taez, and others had thrown off allegiance to the Imams. In
1799, when the British Government took measures to oppose the expected
invasion of India by the French, and to revive the lost trade of the Red
Sea, Dr. Pringle was deputed to Senna with presents from the Governor
General, and obtained from the Imam Ali Munsoor orders to the Governors
of Mokha, Hodeida, and Lohaia to give every facility to trade. Two
years afterwards an effort was made by Sir Home Popham, who had been
constituted Ambassador to the States of Arabia, to negotiate a commer-
cial Treaty with Senna ; but he was insulted by the Governor of Mokha,
and the terms of the proposed Treaty were rejected by the Imam.
At the beginning of the present century, Imam Ali Munsoor suffered
severely at the hands of the Wahabees, who overran and wrested from
him some of the best districts of his dominions. In 1816, however,
Mahomed Ali Pasha, after he had destroyed the Wahabee power, restored
these districts to Ahmed, the son and successor of Imam Ali Munsoor, in
consideration of an annual tribute of one hundred thousand dollars.
Ahmed was succeeded in 1817 by his son Abdoolla, who was unable to
retain the provinces which had been restored to his father.
In 1817, in consequence of a dispute in which an Arab had been
temporarily detained at the factory at Mokha, the Residency was
attacked and plundered, and a British Officer was dragged before the
TREATIES, ENGAGEMENTS, AND SUNNUDS. oOl
Governor, by whom he was subjected to the most brutal insults. After SENNA.
some delay a British squadron was sent to demand satisfaction for this ~
outrage. On 26th December 1820 the fort of Mokha was taken, and
shortly afterwards a public apology was made for the insult offered to the
British Government, and a Treaty (No. XCIV.) was signed by the Imam
of Senna and his Council, defining the rights to be enjoyed by British
subjects, and reducing the export duty on trade to 2£ per cent.
This Treaty was framed in the most slovenly and discreditable way,
and it was afterwards discovered that serious discrepancies existed
between the English version and the Arabic counterpart. The
Imam refused to allow any modification. To preserve friendly relations,
the British Government yielded every point, except one in the sixth
Article. The clause in the English version of that Article, which stipu-
lated that the servants of the factory should be amenable only to the
jurisdiction of the Resident, was altogether omitted in the Arabic. The
Imam was informed that all other points were conceded, but that if he
attempted to seize or punish any person, of whatever nation, in the ex-
clusive employment of the Resident, the Resident would withdraw, and
such further measures would be adopted as might seem to the British
Government to be expedient.
In 1840 a commercial Treaty was concluded with the Governor
of Mokha by Captain Moresby, similar to that concluded in the same
year with the Chief of Zaila."* Shortly afterwards the British flag was
cut down, and the duties levied from British subjects were raised to 9
per cent. As Mokha had by this time fallen under the government
of the Sublime Porte, it was doubtful whether Sheriff Hossein had any
right to conclude a Treaty as a principal. The British Government
also objected to certain exclusive clauses in the Treaty, which were directed
against the trade of other European nations. The dispute was amicably
adjusted through Her Majesty's Ambassador at Constantinople.
Of late years the country of Senna has fallen into absolute an-
archy. In 1832 Mokha and all the sea coast fell under the suzerainty of
the Turks. It was afterwards recovered for a time, but again finally lost
in 1848. Ali Munsoor, who succeeded his father as Imam of Senna in
1834, was deposed three years after. But he again succeeded to power in
* Sec below, Zaila.
SOS TREATIES, ENGAGEMENTS, AND SUNNUDS.
SENNA. 181 A, on the death of his uncle, only to be again deposed in 1845 by Ma-
No. XCIV. homed Yehia, a distant relative of the family. Mahomed Yehia, in 1849,
swore allegiance to the Porte, and agreed to hold Senna as a vassal of the
Sultan, paying to him half the revenues and receiving a Turkish garrison
in his capital. This so incensed the inhabitants, that they rose upon the
Turks, massacred them, and reinstated Ali Munsoor, who ordered Maho-
med Yehia to be put to death. Within a few months Imam Ali Munsoor
fell into the hands of Ghalib, the son of Mahomed Yehia. The people
of Senna, however, refused to acknowledge the authority of Ghalib, and
elected a Governor from among their own body. For some time Ghalib
lived a profligate drunkard in an obscure village a few miles from Senna,
till 1858, when he was recalled and reinstated in the government with
only nominal power. During the internal revolutions in Senna and the
desultory warfare with the Turks, the Imams repeatedly endeavoured to
enlist the aid and advice of the British Government in their cause.
A rigid abstinence, however, was maintained from all interference in their
affairs.
No. XCIV.
Tbeaty concluded with the Imam of Senna on 15th January 1821.
In explanation of the Articles which were settled between the Umeer
Futtuh-oolla, the Agent for the Imam Mehdi, the Chief of Senna,
the City of Sam, and between the Agent of the English Government,
Agha Mr. Bruce Khan, in the year 1236, and from the birth of
Jesus 1821 :—
English Version. Translation of the Arabic
Counterpart.
Article 1. Article 1.
That the Resident shall have a That the Resident (Vakeel) who
guard of the same strength as is may be stationed on the part of the
allowed at Bagdad, Bussorah, and English Government at the port of
TREATIES, ENGAGEMENTS, AND SUNNUDS.
303
Bushire, of thirty men, to support Mokha shall have with him {lit. SENNA.
his respectability.
(Signed)
there shall be with him) thirty
Military from out of their army,
Wm. Bruce, like the Residents (Vakeels) at
Govt. Agent. Busrah, Bagdad, and Ubooshuhur
(Busheer.)
It is finished besides this.
Signed by six witnesses.
No. XCIV.
Article 2.
That the Resident shall be exempt
from all compliances degrading to
the character of the representative
of the British Government; that
he shall have full liberty to ride on
horseback when and where he
pleases; have free ingress and
egress to all the gates of Mokha,
amongst others of Sheikh Shadeley,
from which Europeans have hitherto
been excluded for some years past ;
and shall have all the same liberty
and freedom they have at Bushire,
Bussorah, Bagdad, and Muscat.
(Signed)
Wm. Bruce,
Govt. Agent.
Article 2.
That the Resident (Vakeel) who
may be stationed in the factory on
the part of the British Government
shall have {lit. there shall be to
him) respect, attention, dignity,
and character near the Governor;
and those who are dependants of
the British Government may ride
on horse, &c, and they may ride in
any other mode as they may feel in-
clined. He may go out of the cities
and into the cities for pleasure, re-
freshing his spirits ; and he may go
out through the whole of the gates,
especially out of the Shadullee. He
may go out mounted on horses, &c,
and he may enter mounted, being in-
dependent in his own mind (mean-
ing as he pleases) . It is necessary
that there shall not be any to hin-
der him, nor any person shall say a
word to him ; and to him (there shall
be) respect as at the other ports,
Bagdad, Busrah, Ubooshuhur, and
the port of Muscat,
304
TREATIES, ENGAGEMENTS, AND SUNNUDS.
SENNA.
N«. XCIV.
Article 3.
A piece of ground to be allotted
for a cemetery ; and none of those
under the British Government and
flag to be spoken to or insulted on
account of their religion.
(Signed)
Wm. Bruce,
Govt. Agent
Article 4.
The Resident to have free permis-
sion to proceed to Senna and com-
municate with His Highness the
Imam, whenever he may deem it
necessary to do so; the Dola on
these occasions furnishing a guard
or escort if it should be deemed
requisite.
(Signed) "Wm. Bruce,
Govt. Agent.
Article 5.
That the anchorage duty of (400
G. C.) four hundred German crowns
shall henceforth cease on British
It is finished besides this.
Signed by the six members of the
MoJcha Council.
Article 3.
The dead of the English, that the
Almighty and Supreme God orders
their souls to be snatched away,
there shall be a place appointed
and set apart for them that they
may bury their dead in it ; no one
shall say to them, " the practice of
your ' sect is such or such/ it is
not good."
It is finished besides this.
Signed by the six members.
Article 4.
The Agent (Vakeel) of the
English Government who is sta-
tioned at the port of Mokha, if
it should please his mind to go
out, he may go out to Senna to
His Highness the Imam Mehdi
for recreation of the mind. No
one shall hinder him, and the Ha-
kim of Mokha shall grant of his
own army an escort for a safeguard
on the road, and there is nothing
contrary to him.
It is finished besides this.
Signed by the six members.
Article 5.
The merchant ships which are
dependent on the English Govern-
ment, there was a custom that they
TREATIES, ENGAGEMENTS, AND SUNNUDS.
305
ships, which has hitherto been
levied on all merchant ships when
they landed cargoes. Hereafter no
duty on this account shall be paid,
whether cargo is landed or not, the
same as His Majesty's ships and
the Honourable Company's vessels
of war.
(Signed)
Wm. Bruce,
Govt. Agent.
Article 6.
All subjects of the British Gov-
ernment trading to Mokha, and
particularly the merchants of Surat,
shall do so under the protection of
the British flag, (if of the Islam
faith, and wish to settle their dis-
putes according to the Mahomedan
Sharah, they shall be at liberty to
do so, a person on the part of the
Resident attending,) and all differ-
ences among themselves shall be
decided by the Resident; in the
event of any of the Imam's sub-
jects being concerned in the dispute,
by an Agent on the part of the
Resident (or himself if he pleases)
and the Governor conjointly ; if the
Imam's subject is wrong, the Gov-
ernor shall pimish him ; if on the
vol. vn.
should pay 400 rials as anchorage
duty ; but from this day it ceases ; "
there is nothing (leviable) on them ;
their situation is that of the gov-
ernment vessels and the King's
ships. If its cargo should be
brought on shore there is nothing
(leviable) on them of the 400 rials.
This affair was discussed and fixed
without being referred to Senna,
on the condition of the cessation
of hostilities and the removal of
the blockade of the port.
It is finished besides this.
Signed by the six members.
Article 6.
That all merchants who are the
dependants of the English Gov-
ernment, under their protection and
under their flag, may transact their
affairs (trade) at the Bunder of
Mokha, especially the natives of
Surat. If there be Mussulmen
among them, and disputes should
happen between them, and any of
them may desire (to have) the law
(Mussulman), no opposition is to
be made to them (meaning to their
wishes) .
Whenever there may be (any
dispute) between the people (" Ju-
maut") of Resident, and the sub-
jects of Mokha, a person may come
(be present) on the part of the
Resident before the Hakim of
22
SENNA.
No. XCIV.
Ti; KATIES, ENGAGEMENTS, AND SUNNUDS.
B1VMA.
Na XCIV.
contrary, the Resident. Also that
all the dependants of the factory of
every denomination, from broker
downwards, shall be wholly under
the protection of the British flag
and control of the Resident, who
shall alone possess the power of
punishing them and redressing all
complaints against them.
This sixth Article has been ex-
pressly admitted by separate grant
to Captain Bruce by His Highness
the Imam.
(Signed)
Wm. Bruce,
Govt. Agent.
Mokha, who will observe in what
manner the wrong has been com-
mitted, and by whom. If the na-
tive of the country be in the wrong,
the Hakim of Mokha is to punish
him, but if the crime or wrong
should have been committed by the
English military ("Uskur"), then
the Resident is to punish them.
This Article, the sixth, is? one of
the two which were referred to
the Imam Mehdi for his con-
sideration, and the Shrureef's an-
swer having arrived, was (given
into) the hands of Mr. Bruce, a
copy being retained by the Umeer
Putteh-oolla ; and on receipt of the
answer, there was an argument be-
tween Mr. Bruce and the Umeer
Futteh-oolla, the (substance of)
\yhich is written above.
Article 7.
That the export duty on the Bri-
tish trade shall be hereafter 2£ per
cent., the same as the French, and
not 3^ as hitherto, and that the
import duty shall be the same to
the English and all their subjects,
and no more shall be levied than
2J per cent, upon imports and
exports.
This Article is expressly granted
by separate Firman from His High-
Article 7.
In regard to duties on what is
exported from the port of Mokha,
two dollars and a quarter shall be
paid on one hundred, as the French,
who pay two dollars and a quarter
on the hundred, and the imports
into the port of Mokha shall be
like that for the English govern-
ment and for the English mer-
chants.
This seventh Article is (one) of
the two Articles which were referred
TREATIES, ENGAGEMENTS, AND SUNNUDS.
307
ness as a particular mark of his
friendship to the British nation.
(Signed) Wm. Bruce,
Govt. Agent.
Mokha, ")
\hth January 1821. )
(True copy)
(Signed) Win. Bruce,
Govt. Agent.
Signed and sealed by Umeer
Futteh-oolla and all the members of
the Mokha Council to each separate
Article ; as also by Captain Bruce.
Approved.
(Signed) John Kish Lumley,
Copt, of H. M.'s Ship
" Topaze" and Senior
Officer.
for the consideration and decision
of His Highness the Shureef
Medhi, and to which the answer
returned by the Shurreef was as
follows : —
" We have reduced the duties
three quarters of a dollar per cent,
out of three dollars, and this is upon
all goods imported into the port in
the name of the English Sirkar and
their merchants; there is not (to
be) more (required) from them than
two and a quarter dollars per cent.,
alone, both upon goods imported
and on goods exported, and this is
as a mark of our regard and respect
for the said two (the English gov-
ernment and their merchants), and
for the preservation of the inter-
course and friendship between us
both, as was (the case) with those
who existed before us (in former
times) .
"Dated Rubbee-oo-sanee 1236 of
five Ilegira a. d. 1821)."
SENNA.
No. XCIV.
Signed b// the six members.
MACULLA AND SIIUHUR.
Maculla and Shuhur are the two principal slave ports on the
southern coast of Arabia. The slaves from Zanzibar and the Somali
and Donkali coasts were annually brought there. On 14th May 1863,
Brigadier Coghlan, the Political Resident at Aden, concluded an En-
gagement (No. XCV.) with Nukeeb Silah bin Mahomed of Maculla
and Nukeeb Ali Najee of Shuhur in which they agreed to abolish and
prohibit the export and import of slaves.
No. XCV.
Ik the name of the Most Merciful God, and Him we implore.
The reason of writing this Bond is that influenced by motives of
humanity and by a desire to conform to the principles on which the
great English Government is conducted, we lend a willing ear to the
proposals of our sincere friend, Brigadier William Marcus Coghlan,
Governor of Aden ; that we shall covenant with him to abolish and pro-
hibit the export or import of slaves from or to any part of our territory
to any other place in Africa, or in Asia, or elsewhere.
Therefore I, whose name and seal are set to this Bond, do in the
sight of God and of men solemnly proclaim my determination to pro-
hibit the export or import of slaves by every means in my power. I will
neither export nor import any myself, nor will I permit any subjects to
do so ; and any vessel belonging to my subjects found carrying slaves
shall be seized and confiscated by me or by any ship belonging to Her
Majesty the Queen of England, and the slaves shall be released. Peace.
SHUHUR.
No. XCV.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 309
This covenant is to have effect at the expiration of one year from MACULLA
this date. Peace. AND
(Signed) Silah Mahomed.
„ W. M. Cogiilan,
Political Resident, Aden,
At Macnlla, Ut/i May 1863.
Witnesses :
(Signed) Omar ba Salim Kaisan.
„ H. Rassam,
Assistant Political Resident.
Bated Woth Ahee AlcTcada 1279.
A precisely similar Engagement was concluded on the same date
with Ali bin Najee, the Nukeeb of Shuhur.
Approved and ratified by the Viceroy and Governor General on
29th June 1863.
SHOA.
In 1840, Sahela Selassie, King of Shoa in southern Abyssinia,
expressed a desire to cultivate the friendship of the British Government
and wrote to the Government of Bombay asking to be furnished with
guns and warlike stores. Shoa was then one of the most powerful and
important provinces in Abyssinia. It is inhabited by the Galla tribe.
At the time when Sahela Selassie made these advances, the steam navi-
gation of the Red Sea had given an exaggerated importance to the trade
of Abyssinia. It was therefore determined to send a mission to the
Court of Shoa, with which country the French also appeared anxious to
establish friendly connections. A commercial Treaty (XCVI.) was con-
cluded with the King on 15th November 1841.
No. XCVI.
Treaty of amity and commerce made and concluded between His Majesty Sahela.
Selassie, King of Shoa, Efat and the Galla, on the one part, and Captain
William Cobnwallis Hakbis, under the authority of His Excellency the
Governor of Bombay, in the name and on the behalf of Her Most Gracious
Majesty Victobia, Queen of Great Britain, Ireland, and the Indies, on the
other part.
Whereas commerce is a source of great wealth and prosperity to all
those nations who are firmly united in the bonds of reciprocal friendship,
and whereas the conclusion of a Treaty of perpetual amity and com-
merce betwixt Shoa and Great Britain, which has already been desired
by their respective Sovereigns, would tend to the mutual advantage of
both nations, and whereas tokens of amity and good will have been
mutually exchanged between His Majesty of Shoa and Her Britannic
Majesty, and whereas it is desirable that the Articles and conditions
should be specified, whereupon the desired commercial intercourse betwixt
the two nations should be conducted : Now it is hereby declared, done,
and agreed as follows : —
Article 1.
That a firm, free, and lasting friendship shall subsist between His
Majesty Sahela Selassie, King of Shoa, Efat, and the Galla, and His lineal
TREATIES, ENGAGEMENTS, AND SUNNUDS. 311
successors, and between Her Most Gracious Majesty Victoria, Queen of SHOA.
Great Britain, Ireland, and India, and Her lineal successors. "7: XCVI
Article 2.
That for the purpose of preserving and maintaining the friendly re-
lations subsisting between the two nations, His Majesty of Shoa and
His lineal successors shall receive and cherish any ambassador or envoy
whom Her Britannic Majesty and Her lineal successors may see fit to
appoint, and shall preserve inviolate all his peculiar rights and privileges.
Article 3.
That for the like purpose, Her Britannic Majesty and Her lineal
successors shall in the same manner receive and cherish any ambassador
or envoy whom His Majesty of Shoa and His lineal successors may see
fit to appoint, and shall equally preserve inviolate all His peculiar rights
and privileges.
Article 4.
That under the following conditions a commercial intercourse be
allowed and encouraged betwixt the subjects of Shoa and the countries
beyond that kingdom and the subjects of Great Britain.
Article 5.
That an import duty of five per cent., and no more, shall be levied
and received by His Majesty of Shoa and His lineal successors upon all
British goods and merchandize imported into the kingdom, whether for
sale therein, or in the countries, beyond.
Article 6.
That this import duty of five per cent, shall be assessed upon the
current value of the merchandize at the market place of Alio Amba, and
shall be paid either in kind or in specie at the option of the merchant.
Article 7.
That the said import duty having been first duly discharged, the
merchant shall be at full liberty either to dispose of his goods within,
the territories of Shoa, without prohibition to the buyer, or to convey
them elsewhere without restraint or molestation.
TREATIES, ENGAGEMENTS, AND SUNNTJDS.
SHOA. Article 8.
No. XCVL That British merchants shall be at liberty to purchase within the
territories of Shoa all such commodities as they may think proper, whe-
ther the produce, of those territories, or imported from the countries
beyond them, and export the same without the payment of any duty
whatsoever.
Article 9.
That the goods and merchandize of all subjects of Shoa who may
visit Great Britain shall in like manner be liable to no greater duties
than are already levied, or may hereafter be levied, upon the immediate
subjects of Great Britain.
Article 10.
That in view to the augmentation and promotion of commerce
lxjtween Shoa and Great Britain His Majesty of Shoa and His lineal
successors shall encourage all merchants to bring the produce of the
interior of Africa through the dominions of Shoa, and especially such
articles as are best suited to the British market.
Article 11.
That with a like view, Her Britannic Majesty and Her lenial suc-
cessors will encourage British merchants to import into Shoa such
articles as will prove most acceptable within the same.
Article 12.
That for the better security of merchants and their property, His
Majesty of Shoa and His lineal successors, and Her Britannic Majesty
and Her lineal successors, will, respectively, to the utmost of their power,
endeavour to keep open and secure the avenues of approach betwixt
the sea coast and Abyssinia.
Article 13.
That with a view to the promotion and encouragement of reciprocal
intercourse between the respective subjects of the two nations, no hinder-
ance or molestation be offered to British travellers, whether residing
witliin the territories of Shoa, or visiting the countries beyond.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
313
Article 14. . SHOA.
That the effects of such travellers, not intended for sale, shall be No. XCVI.
liable to no duty of any sort, and shall in every respect be held personal
and inviolable.
Article 15.
That in like manner, no subject of Shoa shall meet with any hinder-
ance or obstruction whilst residing in any part of the dominions of Her
Most Gracious Majesty Queen Victoria, nor shall he be prevented from
proceeding beyond them at pleasure.
Article 16.
And, lastly, that a strict reciprocal observance of all the foregoing
Articles and conditions shall be regarded as a proof of the continued
desire on the part of both the contracting Sovereigns for a lasting and
permanent friendship.
Made and concluded at Angollallah, the capital of the kingdom of
Shoa} on the tenth day of the month Hedar one thousand eight hundred
and thirty-four of the Abyssinian aera, corresponding with the sixteenth
day of November, in the year of our Lord one thousand eight hundred and
forty-one, being the twenty-ninth of the reign of His Majesty Sahela
Selassie and the fifth of Her Majesty Queen Victoria.
(Signed) W. C. Harris.
(Signed) Sahela Selassie,
Who is King
of Shoa, Efat, and
the Galla.
VOL. VII.
lr
ZAILA AND TAJOWRA.
In 1839, after the capture of Aden, it was deemed necessary to
secure command of the harbours of Zaila and Tajowra on the Donkali
coast. These ports are on the African coast, nearly opposite to Aden,
and are the principal outlets of the trade of Southern Abyssinia.
Tajowra is a dependency of Zaila, and both places were subject to the
Imams of Senna, but during the revolutions at Senna, the Chiefs of
Zaila and Tajowra had assumed independence. A Treaty (No. XCVII.)
was concluded with the Chief of Tajowra on the 19th August 1840, by
which the Mussa Islands were ceded to the British Government, and in
September 1840 a Treaty (No. XOVIII.) of the same tenor was signed by
the Sultan of Zaila, who ceded the Island of Aubad. The British Gov-
ernment suggested a modification of these Treaties and the omission of
all clauses of an exclusive nature directed against the trade of other
nations, but owing to the distracted state of Yemen and its dependencies,
the alteration of the Treaties was not effected. Zaila and Tajowra sub-
sequently fell under the Government of the Turks.
No. XCVII.
Commebcial Treaty entered into between Sultan Mahomed bin Mohttmmed, of
Tajowra, and Captain Bobeet Mobesby, of the Indian Navy, on the part of
the Honoubable East India Company.
It being advantageous to both parties to enter into a Treaty of
peace and commerce, and that a mutual good understanding should
exist between each other, more especially so, since Aden has become a
British port, we, Sultan Mahomed bin Mohummed and Captain Robert
Moresby, of the Indian Navy, (being fully authorized so to do,) agree
to the following capitulations and Articles : —
Article 1.
That friendship and peace shall be lasting between the State of
Tajowra and its dependencies and the British Government.
treaties, engagements, and sunnuds. 315
Article 2. ZAJla
AND
That the English nation, and all vessels lawfully sailing under the tajowra
British flag, having merchandise of any description on board, shall be — : r T(%VTf
respected and permitted, without the slightest prejudice or molestation
to their persons or effects, to enter and trade in the port of, and all
ports under the Government of Tajowra, paying a duty of five per cent.
upon all produce. The subjects of the Sultan of Tajowra shall also be
permitted the same privileges at all British ports.
Article 3.
The port of Tajowra and the adjacent ports, under the Government
of Sultan Mahomed bin Mohummed, are to be open for the introduction
and reception of all goods brought in ships or vessels lawfully trading
under the British flag ; further, the Sultan of Tajowra will endeavour
all in his power to introduce British produce into the interior States
of Eiffatt, Shoa, and Abyssinia, and in return the Authorities at
Aden will endeavour to encourage interior export trade through
Tajowra.
Article 4.
Sultan Mahomed bin Mohummed, of Tajowra, engages at all times
to respect and regard the friendly advice of any authorized person
belonging to the British Government, and agrees not to enter into any
other Treaty or Bond with any other European nation or person without,
in the first instance, bringing the subject to the notice of the Govern-
ment Authorities at Aden, so that the same may in no ways prove detri-
mental to his friends, the English, or their commerce. In return for
these conditions, the British Government will observe the interests of
the State of Tajowra, and do all in their power to assist in improving
their commercial resources.
Article 5.
Any subject of either power having committed crime or offence is
to receive sentence awarded by their own Laws and Regulations.
.110 treaties, enciaok.mexts, and sunnuds.
zaii.v Article 6.
Sultan Mahomed bin Mohummed, of Tajowra, engages to protect
and respect any British subject residing in his territories, provided the
sanction of his Government be previously obtained, the British guaran-
teeing the same privilege to the people of Tajowra and its dependencies.
No. XCVII.
Article 7.
In entering into any Bond or Treaty, or trading with either Euro-
pean or other powers, Sultan Mahomed bin Mohummed engages that no
Bond or Treaty shall be acceded to or acquiesced in by him which will,
either at the present or at any future period, prove detrimental or injuri-
ous to the interests of the British, either in a political or commercial
point of view, and in return for such agreement, the English promise
that they will act in no manner which may have an evil tendency
towards the States of Tajowra.
Article 8.
We, Sultan Mahomed bin Mohummed and Captain Robert Moresby,
of the Indian Navy, having met, and being mutually satisfied with each
others powers, have ratified the above Articles for the benefit of both
powers.
In witness whereof we, this V&th day of August, in the year of our
Lord one thousand eight hundred and forty, corresponding with the 22nd
day of Jemmadi-el-Akhar, in the year of the Hegira one thousand two
hundred and fifty-six, have attached our seals and signatures.
Tbanslation of the Deed of Sale of the Island called Mussa, granted by
Sultan Mahomed bin Mohummed to the British Government.
In the name of the Most Merciful God !
The virtue of this writing is, that I, Sultan Mahomed bin Mohum-
med, Governor of Tajowra, I, for myself and posterity, bargained and
granted the Island called " Mussa " to the British Government for ten
bags of rice. I agreed to and sold the said Island for the said quantity
of rice, and it is belonging and pertaining to British Government.
TREATIES, ENGAGEMENTS, AND SUNNUD.S. 317
In the presence of the undersigned witnesses, and God is also witness ZAILA
between us, this 22nd Jemmadi-el-Akhar, in the year one thousand AND
two hundred and fifty-six (1256) Hegira, or 19th day of August 1840. TAJ0WRA-
Nos. XCVII
(Signed) Sultan Mahomed bin Mohummed. & xcviii.
Witnesses : •
(Signed) Bemtha eben Mahomed, Minister.
„ Aboobacker Murjan.
„ Shomakee bin All
„ Hajee Abdool Russool,
British Agent at Mocha.
„ Robert Moresby, Captain, I. N.,
Commanding H. C.'s Steam Frigate " SesostrisJ"
The \Uh August 1840.
No. XCVIII.
Commercial Treaty entered into between Syud Mahomed Bae, Governor of
Zaila, for himself and posterity, and Captain Moeesby, of the Indian Navy,
on the part of the Hon oue able East India Company.
It being advantageous to both parties to enter into a Treaty of
peace and commerce, and that lasting friendship and good will should
exist between each other, we, Syud Mahomed Bar, Governor of Zaila,
and Captain Robert Moresby, of the Indian Navy, on account of the
Honourable East India Company being fully authorized to do so, agree
to the following capitulations and Articles :—
Article 1.
That the English nation and all vessels, ships and boats lawfully
sailing under the British flag, commanded by European or Native sub-
jects of the English, having merchandize of any description, shall be
respected and permitted, without the slightest prejudice or molestation
to their persons or effects, to enter and trade in the port of Zaila and
all other ports under the Governor of Zaila, paying a duty of 5 per cent,
upon all produce. The subjects of the Governor of Zaila shall also pay
the same duty in all English ports.
318 treaties, engagements, and sunnuds.
zaila Article 2.
and rjr^Q Governor of Zaila will endeavour all in his power to introduce
British property and merchandize into the interior State of Zaila, and
No. XCVIII. engages at all times to protect, respect and regard the person or persons
of English and their subjects and friendly advice of any authorized person
or Agent belonging to the British Government, who while at Zaila to
be respected and regarded. The English on their part allow the same
to be done in their port of Aden, or elsewhere, and to assist the trade
from Zaila.
Article 3.
The Governor of Zaila engages not to enter into any Treaty or
Bond with any other European nation or person, or allow other Euro-
peans to settle in his territories, or pass through in any numbers, without
bringing the subject, in the first instance, to the notice of the British
Government at Aden, so that the same may be in no manner detrimental
to his friends the English or their commerce, in return for which the
English will do all in their power to assist the Governor of Zaila in
improving his commercial resources.
Article 4.
Any subjects of either power having committed crime or offence are
to be punished by their own laws and customs of the countries they
belong to. •
Article 5.
Syud Mahomed Bar makes over the Island called Aubad near Zaila
to the English Government for the harbour of their ships and vessels
without any prohibition whatever.
We, Syud Mahomed Bar, Governor of Zaila, and Captain Robert
Moresby, of the Indian Navy, on the part of the English Government
of India, do ratify and agree to keep faithfully the above Articles that
peace and friendship may be lasting between us : In witness whereof we
have set our names and seals.
(Signed) B. Moresby, Captain,
Commanding II. C.'s Steam Frigate " Sesostris"
MOKHA,
The 2>rd September 1840
!
SOMALEES.
The Ilabr Owul. — In 1827 a British vessel trading at Berbera was
attacked and plundered by the Habr Owul tribe of Somalees. Berbera
is a port to the east of Zaila and Tajowra and nearly opposite to Aden.
In consequence of unhealthy winds it is deserted for six months every
year. During the rest of the year it is visited by caravans of different
tribes from the interior of Africa. A vessel of war was sent to punish
the tribe for the outrage which they had committed. On 6th February
1827 a Treaty of peace and commerce (No. XCIX.) was signed by the
elders of the tribe.
An expedition was sent in 1854- to explore the country between
Berbera and Zanzibar. On the 18th of April 1855 the party were
suddenly attacked by Somalees of the El Moosa tribe; two British
Officers were wounded, one was killed, and the entire property of the
expedition was carried off. A demand was at once made on the Habr
Owul tribe for the surrender and punishment of the chief offenders and
the demand was enforced by the blockade of Berbera. The elders of
the tribe did their best to comply with the demand, but were unable to
apprehend the actual murderers, who took refuge in the interior. The
British Government at last consented to withdraw the blockade on the
Somalees binding themselves by a Treaty (No. C.) to use their utmost
endeavour to deliver up the murderers, to allow free trade with their
territories, to abolish traffic in slaves, and to treat with respect any
British Agent who might be deputed to see that the conditions of the
Treaty were observed.
Other Tribes. — In 1855 the elders of the Habr Gerhagis and
the Habr Taljala tribes of Somalees entered into an Engagement
(No. LXXXV.) with the Political Resident at Aden to prohibit the
slave trade.
I I TO&TOS, ES&ACEMEX1S, AKD STSSTISS.
stTOLLLEKS. No. XC1 X .
&• XCUL inms of Hiiiniiiif a*d iimiiii uair btUuia J. J. Gaums Barare*,
Bsa, c b- Cfcfteht of H» Britannic Majwlya Skip Tamar, re]*eMtnsr the
i Korlham Africa, aid the Shak* of the tribe of Habr OnL
Asncxx 1.
It is agreed that fiat lienceforth these shall be peace and friend-
ship between the subjects of His Majesty the King of England and
the Shafts of the Habr Oral tribe and their men, and all other in.
of the coast of Africa over which they have authority and
Akhtjlb 2.
It k agreed that any vessels bearing- the English flag which may
come to the port of Berbera, (or any other port under the authority of
the Shafts of the Habr Owul tribe,) for the jmrpore of trafe shall not be
mnhjitul or injured, but shall receive every protection and support from
the said Sheiks, that they shall be at liberty to enter into any trade
they may think fit to choose, and that they shall be at liberty to depart
from the said port at their plcaimie without impediment, injury, or
AjmcLE 3.
It is agieed that in like manner any vessels or persons belonging to
the said Sheiks of Habr Owul tribe which shall come into any post
•to His Majesty the King of r^nglandshaB receive protection and
I be treated in all respects the same as other vessels or persons
trailing to those ports.
AlTSCLE 4.
It is agreed that as an equivalent for the value of the British Brig
Mmmmme and her cargo, which was plundered in the port of Berbera,
there shall be paid by the said Sheiks of the Habr Owul tribe to the
said Captain X. J. Gordon Bremer, c. b., or to some person duly autho-
rncd by him to reeerre it, the sum of fifteen thousand Sparush Hollars,
or produce to the same amount, in three equal payments, that is to sav,
five thousand Dollars, or produce to that amount, this year 1827 and of
the Hegira 1242, and the same sum in each of the two following years,
that is to say, on or before the conclusion of the trading season in the
of April, or two hundredth day of the Xowrox.
TMMXTfm, KSGAGKMEXTt, AID SOnTTDS. feg]
AtTLCLE 5. SOU JXEES.
Two Lascars belonging to the British Brig Marianne having been rttIai"
killed when the raid vessel was plundered and destroyed, the Sheiks «f AC
the Habr Owul tribe do hereby agree to pay the earn of
Dollars for the support of the families of the nuudeied men, n muling
to the Mahomedan law in sneh eases.
Confirmed and tealtd at Berber*, in Africa, vn tie&i dm$ of February
in tie year o/onr Lord Jen* CkrUt 1827 and of tie Begirt 1242, tie 9ti
dan of tie moon Bnjnb.
v.:. J. J. Gobdov Bmzmex,
JL £. Bagsold,
Witness : PU. Agent, WUmet*.
Shttbmasjlly Ali Sauleh.
(Signed) by Ismail GeQa for himself, and Omar Kadim Hussin
Ban and Ismail Goled, Sheiks of Habr Ownl tribe.
Approved by the Bombay Government on 10th Hay 1S27.
Xo. C.
AancxES of peace and friendship eosrisded belneea the Hair Chnd tribe ef
fiwilrri an the one part, sad Bsxsimsn WnuiM ILlsccs Coonx**, PeB-
tieal TteaJdrnt at Aden, on behalf of the Hoxocxasxs East Ism*. Coxr ajtt,
on the other.
Whereas on the 19th of April 1S55, corirsponding with the 1st of
Shaban 1271, a treaeherons attack and murder was perpetrated at the
port of Berbera by a party of the Habr Ownl tribe upon a party of
British Officers about to travel in that country, with the ^■■■fii and
under the protection of the elders of the tribe, in nomcqnrmc of which
outrage certain demands were made by the Government of India and
enforced by a blockade of the Habr Ownl coast, and wlsaeaa it has
become apparent that the said tribe has fulfilled those conditions to the
utmost of its ability and has prayed to be relieved from the blockade:
Therefore it is agreed —
Ajmcii 1.
That the elders of the Habr Owul will use their best endeavours to
deliver up Ou Ali, the murderer of lieutenant Stroyan.
vol. Tit 2 t
szz treaties, engagements, and sunnuds.
soma lei Article 2.
No. C. That until this be accomplished, the sub-tribe Esa Moosa, which
now shelters, and any other tribe which may hereafter shelter, harbour,
or protect him, the said Ou Ali, shall be debarred from coming to Aden.
Article 3.
That all vessels sailing under the British flag shall have free per-
mission to trade at the port of Berbera, or at any other place in the
territories of the Habr Owul, and that all British subjects shall enjoy
perfect safety in every part of the said territories, and shall be permitted
to trade or travel there under the protection of the elders of the tribe.
In like manner shall the members of the Habr Owul tribe enjoy similar
privileges at Aden or any other part of the British possessions.
Article 4.
The traffic in slaves throughout the Habr Owul territories, including
the port of Berbera, shall cease for ever, and any slave or slaves who,
contrary to this engagement, shall be introduced into the said terri-
tories shall be delivered up to the British, and the Commander of any
vessel of Her Majesty's or the Honourable East India Company's Navy
shall have the power of demanding the surrender of such slave or slaves,
and of supporting the demand by force of arms if necessary.
Article 5.
The Political Resident at Aden shall have the power to send an
Agent to reside at Berbera during the season of the fair, should he deem
such a course necessary, to see that the provisions of this Agreement are
observed, and such Agent shall be treated with the respect and consider-
ation due to the representative of the British Government.
Article 6.
That on a solemn promise being given by the elders of the Habr
Owul faithfully to abide by the Articles of this Agreement and to cause
the rest of the tribe to do so likewise, and to deliver up to the Political
TREATIES, ENGAGEMENTS, AND SUNNUDS. 323 a
No. C A. SOMALIS.
Engagement concluded between Lieutenant-Colonel W. L. Mekewethetc, c. b.,
Political Resident, Aden, and Sultan Mahmood bin Yoqsoof, Chief of the
Mejerteyu tribe of Somalis and elders of the said tribe.
Influenced by motives of humanity and by a desire to conform to
the priuciples on which the great Euglish Government is conducted,
we lend a willing ear to the proposals of our friend, Lieutenant-Colonel
William Lockyer Merewether, c. B., Political Resident at Aden, that we
should covenant with him and each other to abolish and prohibit the
exportation of slaves from any one part of Africa to any other place in
Africa or Asia or elsewhere under our authority. We whose names and
seals are set to this bond, as therefore in the sight of God and of men,
solemnly proclaim our intention to prohibit the exportation of slaves
from Africa by every means in our power : we will export none ourselves,
nor permit our subjects to do so, and any vessel found carrying slaves
shall be seized and confiscated and the slaves shall be released.
Signed this twentieth day of February one thousand eight hundred
and sixty-six (4th of the month Shawal 1282) at Bunder Mareea.
(Sd.) Sultan Mahmood Yoosoof.
Witness to the above.
(Sd.) Moosa bin Yoosoof Othman.
„ Samunter Othman.
„ Adress Mahmood.
(Sd.) W. L. Merewether, Lieut. -Col.,
Voltl. Resident, Aden.
TOL. VII., PAGK 323.
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TREATIES, ENGAGEMENTS, AND SUNNUDS. 323
Resident at Aden any party who may violate it, the blockade of the SOMA LEES.
Habr Owul coast shall be raised, and perpetual friendship shall exist No> c
between the British and the Habr Owul.
Done at Berbera this seventh day of November one thousand eight
hundred and fifty -six of the Christian era, corresponding with the eighth
day of Rubee-ool-Awul one thousand two hundred and seventy-two of the
Hegira.
Mahomed Arraleh,
Ahmed Ali Bookeri ^ Ayal Yoonus.
Noor Farrah,
Ahmed Ghalid,
Mahomed Wais, ^ Ayal Ahmed.
Muggan Mahomed,
robblie hassah, ""j
Ateyah Hilder, > Mahahil.
Farrah Benin, J
Awadth Shermarki, ...Ayal Hamood.
Signed in my presence at Berbera on the 7th November 1856.
(Signed) R. L. Playfair,
Assistant Political Resident, Aden.
(Signed) W. M. Coghlan,
Political Resident.
Aden, 9th November 1856.
Ratified by the Right Honourable the Governor General in Council,
at Fort William, this twenty-third day of January 1857.
(Signed) Canning.
„ Geo. Anson.
„ J. Dorin.
„ J. Low.
„ J. P. Grant.
„ B. Peacock.
By order,
(Signed) G. F. Edmonstone,
Secretary to the Government of India,
ZANZIBAR.
The Island of Zanzibar and the greater part of the eastern coast of
Africa were conquered by the Portuguese in the beginning of the sixteenth
century. Driven to despair by the tyranny of their rulers the inhabitants
of Mombassa, in 1698, invited the assistance of the Imam of Muscat, who
expelled the Portuguese and put many of them to the sword. It was
not till 1784, however, in the time of Ahmed bin Saeed, that the Muscat
Arabs established a permanent footing in the Island of Zanzibar, and even
for many years afterwards till the accession of Syud Saeed in 1807 the
subjection of Zanzibar was little more than nominal.
In 1746 the people of Mombassa threw off allegiance to Muscat,
elected Sheikh Ahmed as their Sultan, and maintained their independence
till 1823, when fearing the aggression of the Imam, Soleiman bin AH,
the Sultan of Mombassa, with the consent of the people put himself under
British protection. On 7th February 1824 a Convention was concluded
with him, by which the port of Mombassa and its dependencies, including
the Island of Pemba and the coast between Melinda and the river
Pangani were placed under the protectorate of Great Britain. This
engagement, however, was not ratified, and in 1828 the Imam of Muscat
sent a force against Mombassa which surrendered to him.
The Zanzibar dominions extend from Cape Delgado about 1,100
miles northward along the coast. In 1844 Syud Saeed of Muscat
appointed his son Syud Khaleed as his deputy and successor in Zanzibar
and his son Syud Thowaynee in Muscat. Syud Khaleed died in 1854,
and the Imam appointed a younger son Syud Majeed to succeed him.
On the Imam's death in 1857, Syud Thowaynee, being ruler of Muscat
laid claim to Zanzibar. He concluded an engagement, however, with
his brother Syud Majeed, by which the latter was left in possession of
the African dominions, subject to an annual payment of 40,000 crowns.
A dispute soon arose regarding the nature of this payment and whether
it implied the dependence of Zanzibar on Muscat. War was threatened
but both parties were persuaded to refer the question to the arbi-
tration of the Governor General of India and to abide by his deci-
TREATIES, ENGAGEMENTS, AND SUNNUDS. 325
sion. A Commission was appointed to investigate the case. On the ZANZIBAR,
evidence obtained by this Commission, Lord Canning- gave an award NoTciT"
(No. CI.) to which both parties agreed, viz., that Syud Majeed should
be declared ruler of Zanzibar and the African dominions of the late
Syud Saeed and be subject to an annual payment, with arrears, of 40,000
crowns in perpetuity to Muscat, which payment was not to be consi-
dered as implying the dependence of Zanzibar on Muscat.
The Sultan of Zanzibar is of course bound by those Articles of the
Treaties concluded with his late father which refer to Zanzibar. He has
recently prohibited the transport of slaves from one port in his dominions
to another during the slave season, that is, from 1st January to 30th
April in each year.
No. CI.
Letter to His Highness Syud Majeed bin Saeed, of Zanzibar.
Beloved and Esteemed Friend, — I address your Highness on the
subject of the unhappy differences which have arisen between yourself
and your Highness' brother the Imam of Muscat, and for the settlement
of which your Highness has engaged to accept the arbitration of the
Viceroy and Governor General of India.
Having regard to the friendly relations which have always existed
between the Government of Her Majesty the Queen and the Govern-
ment of Oman and Zanzibar, and desiring to prevent war between
kinsmen, I accepted the charge of arbitration between you, and in order
to obtain the fullest knowledge of all the points in dispute, I directed
the Government of Bombay to send an Officer to Muscat and Zanzibar
to make the necessary enquiries. Brigadier Coghlan was selected for this
purpose, an Officer in whose judgment, intelligence, and impartiality the
Government of India reposes the utmost confidence.
Brigadier Coghlan has submitted a full and clear report of all the
questions at issue between your Highness and your brother.
I have given my most careful attention to each of these questions.
The terms of my decision are as follows : —
1st. — That His Highness Syud Majeed be declared ruler of Zanzibar
and the African dominions of His late Highness Syud Saeed.
326 TREATIES, ENGAGEMENTS, AND SUNNUDS.
ZANZIBAR. 2nd. — That the ruler of Zanzibar pay annually to the ruler of
No. CL Muscat a subsidy of 40,000 crowns.
3rd. — That His Highness Syud Majeed pay to His Highness Syud
Thowaynee the arrears of subsidy for two years or 80,000 crowns.
I am satisfied that these terms are just and honourable to both of
you ; and as you have deliberately and solemnly accepted my arbitration,
I shall expect that you will cheerfully and faithfully abide by them, and
that they will be carried out without unnecessary delay.
The annual payment of 40,000 crowns is not to be understood as a
recognition of the dependence of Zanzibar upon Muscat, neither is it
to be considered as merely personal between your Highness and your
brother Syud Thowaynee. It is to extend to your respective successors,
and is to be held to be a final and permanent arrangement, compensating
the ruler of Muscat for the abandonment of all claims upon Zanzibar
and adjusting the inequality between the two inheritances derived from
your father, His late Highness Syud Saeed, the venerated friend of the
British Government, which two inheritances are to be henceforward
distinct and separate.
I am,
Your Highness*
Fort William, ") Sincere friend and well wisher,
The 2nd April 1861. ) (Signed) Canning.
Tbanslation of an Arabic letter from His Highness Stud Majeed bin Saeed,
Sultan of Zanzibar, to Lieutenant Colonel C. P. Higby, Her Majesty's
Consul at Zanzibar, dated Zanzibar, the 19th day of the month of Zilhej, in
the year 1277 Hegira, corresponding to the 29th June 1861.
After Compliments, — I desire to inform you that I have been very
much gratified by the receipt of the letters from His Lordship the
Governor General of India and His Excellency the Governor of Bombay,
conveying to me the intelligence of the settlement of the disputes which
existed between myself and my brother Thowaynee bin Saeed. And,
regarding the decision, that I shall pay to my brother Thowaynee the
sum of 40,000 crowns annually, and also the sum of 80,000 crowns on
account of arrears for two years, I agree to pay these sums, and I
TREATIES, ENGAGEMENTS, AND SUNNUDS. 327
accept and am satisfied with the terms of the decision, and they are ZANZIBAR.
binding- on me, and it is the desire of the British Government (Javabel NoTciT
Sircar) that each of us, that is, myself and my brother Thowaynee,
shall be independent of each other in his own dominions and Sultan over
his own subjects, that is to say, that Zanzibar and the Islands (Pemba
and Monfea), and the dominions on the continent of Africa dependent
upon it, shall be subject to me, and that Muscat and its dependencies,
with the land of Oman, shall be subject to my brother Thowaynee bin
Saeed, and that we should dwell in peace and friendly alliance the one
with the other, as is customary between brothers. I pray that it may
be so, if it please God. I feel very much obliged to the British Govern-
ment for all its kindness and favour, and for having* averted from my
dominions disorders and hostilities. During my life-time I shall never
forget the kindness which it has shown to me. And now what I desire
from you is this, that you will mention to His Lordship the Governor
General of India that he should kindly determine that the payment of
the 40,000 crowns per annum to my brother Thowaynee shall be settled
as follows, viz., that 20,000 crowns shall be due and payable each year
at the " Monsim," (about April, when the south-west monsoon sets in,)
and that the other 20,000 crowns shall be due and payable each year
at the ** Daman," (about September, October, when the annual accounts
are made up, and the revenue from the customs is paid,) in like manner
as I before agreed to do when I made the arrangement, through my
cousin Mahomed bin Salim, to pay 40,000 crowns annually to Muscat.
And respecting the 80,000 crowns, arrears for two years, that it
shall be paid as soon as I can possibly do so.
This I desire, in order that there may be no ground of dispute
hereafter.
This is what I wish for from the friendship of the Government.
And for whatsoever you may desire from me the sign is with you.
From the confiding slave in God's mercy, Majeed bin Saeed.
Written on the \Wi day of the month of Zilhej, in the year 1277
of the Hegira, corresponding to the 29th June a. d. 1861.
Ho. CI.
323 TREATIES, ENGAGEMENTS, AND SUNNUDS.
ZANZIBAR. From the Sultau of Zanzibar, to the Eight Honourable the Governor General,
dated Zilhej a. h. 1267, corresponding with 25th June 1861.
After usual Compliments, — My chief object in addressing* this
friendly letter to your Excellency is to enquire after your health. May
the Almighty always protect your Excellency from all evils. As to
myself, who am under great obligations to your Excellency, I beg to
state that by the grace of God, and under your auspices, I am in the
enjoyment of good health. I offer my prayers to the Almighty for your
long life and for the destruction of your enemies. Your Excellency's
kind letter reached me at an auspicious time, and I have become fully
acquainted with its contents. When I referred to your Excellency for
settlement the dispute which long existed between myself and my bro-
ther Syud Thowaynee bin Saeed, I made up my mind to act up to any
award which you might pass on the case. I agree, as directed by your
Excellency, to pay to my said brother the sum of 40,000 crowns annually,
and 80,000 crowns on account of arrears for the last two years.
Considering me as a sincere friend, your Excellency will not, I
hope, forget me, and I will cheerfully execute any commissions which
shall be entrusted to me by your Excellency.
To His Highness Syud bin Saeed, Sultan of Zanzibar.
Beloved and Esteemed Friend, — I have received with much satis-
faction your friendly letter dated 15th Zilhej a. h. 1277. I am grati-
fied to learn that my award for the settlement of the disputes which
long existed between yourself and your brother Syud Thowaynee bin
Saeed, the ruler of Muscat, has given satisfaction to your Highness.
The terms of the arbitration will be fulfilled if the sum of 40,060
crowns, payable to your brother annually, be paid by two instalments,
viz., the first at the Monsim and the second at the Daman.
I beg to express the high consideration I entertain of your High-
ness, and to subscribe myself.
Your Highness* sincere friend,
The 22nd August 1861. (Signed) Canning.
SUPPLEMENT
CONTAINING
VARIOUS TREATIES AND ENGAGEMENTS CONCLUDED
SUMUDS ISSUED SINCE THIS COLLECTION WAS COMMENCED.
VOL. VII. 2 t
JYNTEAH AND COSSYAH HILL TRIBES.
{Vol. I., pages 82—120.)
Agreements have been concluded with the Chiefs of the following States in the
Jynteah and Cossyah Hills : — Nusteng, Moleem and Khyrim, Lungree and
Mahram.
Nusteng. — Moot Sing, the Rajah of this petty State, expressed a
desire to enter into an engagement defining the conditions of his subor-
dination to the British Government. He died, however, before the
engagement was concluded. Dun Sing was elected his successor, and he
was recognized by the British Government and received the title of
Rajah Bahadoor on his signing an engagement (No. CII.) of allegiance
and fidelity.
Moleem and Khyrim. — In 1862 it was deemed expedient to estab-
lish a military cantonment and sanitarium at Shillong, in the Moleem
country, instead of at Cherra Poonjee. The Rajah of Moleem was bound
by his engagements* to give up whatever lands might be required for
such purposes ; still it was considered expedient to grant him compen-
sation, which he desired should take the form of a cession of lands of
equal value south and east of the River Oomean or Bogapanee. The
subjection of British subjects to the rule of a Native Chief, however,
being deemed objectionable, the Rajah was required to cede (No. CIII.)
all his sovereign and personal rights in the land for a sum of
Rupees 2,000, and the rights of the private proprietors were bought up
for Rupees 6,325 and an annual payment of Rupees 108.
Rajah Rabon Sing, of Khyrim, having an interest in some portions
of the land conjointly with the Rajah of Moleem, was also required to
sign the Deed of Sale.
Lungree. — The Chief of Lungree died in December 1862. His
elected successor, Oomit, was recognized by the British Government and
received the title of Rajah on his signing an engagement (No. CIV.)
of submission and fidelity.
* See Vol. L, page 102.
332
TREATIES, ENGAGEMENTS, AND SUNNUDS.
JYNTEAH
ASH
COSSTAH
HILL
TRIBES.
No. CI I.
Mahram. — In October 1864, Oo Sai Sing was elected Chief of Mah-
ram in succession to Oo Sep Sing. He was recognized by the British
Government on his signing the usual engagement (No. CV.) of alle-
giance and submission.
No. CII.
Translation of the Agreement entered into by Dun Singh, Rajah of Nusteng,
with the Deputy Commissioner of Cherra Poonjee, in the Cossyah Hills.
I, Dun Singh, Rajah, son of Oola Beang Koonwur, of Nusteng, in
the Cossyah Hills, having been appointed ruler of Nusteng, do hereby
agree and promise to conduct myself agreeably to the following Rules :- —
Article 1.
I consider myself under the general control and authority of the
Political Officer at Cherra Poonjee. All disputes between myself and
Chieftains of other Cossyah States shall be referred for trial and decision
to the British Court.
Article 2.
I shall always reside in the Nusteng ilaka, and decide without par-
tiality, in open Durbar, with the assistance of my Muntrees, Sirdars and
elders, according to the ancient and established customs of the country,
all civil suits and criminal cases occurring there that are beyond the
cognizance of the Police in which only the people of that ilaka may be
concerned. All cases in which Europeans and inhabitants of the plains,
or of other Cossyah States, are parties, are to be tried by the Political
Officer at Cherra Poonjee.
Article 3.
I shall obey all orders issued to me by the Political Officer at Cherra
Poonjee, and make over, on demand, to the local Authorities, all refugees
and civil and political offenders coming to, or residing in, my ilaka.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
333
Article 4.
I shall furnish full information regarding my State and its inhabi-
tants whenever I may be required to do so by Government Officers. I
shall always endeavour to promote the welfare and happiness of my sub-
jects, give every help and protection in my power to Government Officers "
and travellers passing though my country, or to settlers residing there ;
and use my best endeavours to facilitate free intercourse and trade
between the people of my country and British subjects and the people of
other Cossyah States.
Article 5.
The British Government reserves to itself the right of establishing
military and civil sanataria, cantonments and posts, in any part of my
ilaka where they may be required, full compensation being given for the
lands thus occupied for these or other government purposes, and of
opening roads in any direction through the country, in which matter I
must render my utmost assistance when requisite.
Bated Z2nd July 1862, corresjionding with 1th Srawun 1269 B. S,
JYNTEAH
ANT>
COSSYAH
HILL
TRIBES.
No. on.
Nusteng.
Sunnud conferring the title of Rajah Bahadoor upon Dun Singh, the elected
ruler of Nusteng, dated the 26th January 1863.
Whereas you have been elected to be ruler of Nusteng, I do hereby
confer upon you the title of Rajah Bahadoor on condition of your faith-
fully and fully observing the conditions specified in the agreement
made with you on 22nd July 1862, corresponding with 7th Srawun
1269 B. S. .
(Signed) Elgin and Kincardine.
ITEM, ENGAGEMENTS, AND SUNNUDS.
JVNTKMl
AXD
COSMAH
HILL
TRIBES.
No CHI.
IMeem.
No. CIII.
Whereas it was stipulated in the Agreement entered into by me,
Melay Sing, Rajah of Moleem, under date 19th March 1861, with the
British Government, that the right of establishing civil and military
' sanitaria, posts, and cantonments within my country should remain
with the British Government; whereas Lieutenant-Colonel J. C. Haugh-
ton, Agent to the Governor General, North-East Frontier, under the
instructions of the said government, has selected, for the purpose of
civil and military sanitaria, &c, the land hereinafter described, I
hereby renounce, with the advice and consent of my Muntrees and the
Heads of my people, all sovereign and personal rights therein to Her
Majesty the Queen of England and the British Government. It is,
however, stipulated, should the proprietors of any of the land within
the limits hereinafter described be unwilling to sell or part with their
land to the British Government, the said persons shall continue fully to
enjoy the same without impost or taxation as heretofore, but that in all
other respects the jurisdiction and sovereignty of Her Majesty the
Queen of England and of the British Government and the Officers of
Government duly appointed shall extend over the said land and over all
persons residing thereon and to all offences committed therewithin :—
Boundary. — The boundary of the lands of Oo Don Sena to the
south and east of the Oom Ding Poon stream which have been pur-
chased ; the boundary of the lands of Ka Stang Rapsang, south of the
stream south of the Oom Ding Poon adjoining the village of Sadoo which
have been purchased. The boundary of the lands of Oo Bat Khaobakee
touching the Oom Ding Poon stream which have been purchased. The
boundary of the lands of Ka Doke adjoining the last named which have
been purchased ; the boundary of the land of Sooakfi adjoining the last
named which have been purchased ; the boundary of the Shillong lands
which have been purchased, from which point the boundary will follow
the north and west sides of the present government roads till the bound-
ary of the lands of Borjon Muntree, which have been purchased, is met ;
it will then follow the boundary of the said Borjon's land till the bound-
ary of the said land again meets the government road now existing,
which it will follow till the boundary of the Raj lands purchased are met.
It will follow the boundary of the Raj lands till that dividing the
TREATIES, ENGAGEMENTS, AND SUNNUDS.
335
AND
COSSYAH
HILL
TRIBES.
No. CI 1 1.
Moleem.
Longdo lands of Nongseh from the Raj land and the land purchased JYNTEAH
from Oo Reang-Karpang of Nongseh and will go between the two last
on the east side of a hill by a path till the boundary stone of the Longdo
of Nongseh at the head of a water-course is met. It will then follow
that water-course to the junction of it with the Oom Soorpee, leaving the
hill with the Longdo jungle of fir trees on it to the left or north and
west side. The boundary will then cross the Oom Soorpee River and
ascend by a ravine opposite inclining somewhat to the right hand to
monumental stones (Mowshin Ram), near one of which a peg and pile
of stones is placed. The boundary will then descend the hill backwards
towards the point of Youdoe Hill, that is, the hill on which the Youdoe
Bazar is held, to a pile of stones and a peg not far from the government
road which it crosses and not far from the Oom Soorpee River. The
boundary thence turns north-east by ascending the hollow to the ridge
which divides the water-flow, on which is a mark, to the hollow to the
north-east, which it follows by the water to the Oom Kra River, leaving
the Youdoe Bazar hill and the village of Mao Kra on the left hand.
The boundary thence turns eastward, following the base of the hills and
excluding all cultivation in the plains, including within it the hill lands
given to the government by Oo Beh till the lands of Oo Dor given to
government are met, whence the boundary, in the same way, follows the
base of the hills excluding the cultivation in the plains till the River
Poinding Neyam is met. Opposite a cave at the mouth of this stream,
when it enters the plain, a peg and pile of stone is met. The boundary
thence follows the same stream to its head in the rice lands of Oo Beh
aforesaid, thence it follows the foot of the hills, leaving the village of
Limera to the left or east side, and excluding the rice cultivation of Oo
Beh, but including the hill land given by him to government, till it
reaches the head of the said rice cultivation, where it turns sharply to the
left or east between two hills till it reaches the banks of the stream Oom
Pongteng Kom, the downward course of which it follows till the junction
of the same water, now called Oom Soorpee, with the Oom Jussaci is
reached. This river is the boundary till its source is reached from a pile
of stones, near which, marking the boundary of land purchased from
Oo Don Sena, the boundary crosses over south-westerly to the point
where the Oom Shillong makes a bend, at that point stones have been
336
TREATIES, ENGAGEMENTS, AND SUNNUDS.
JYXTEAH
AKD
006SYAH
HILL
IK1BES.
No. cm.
placed opposite ten fir and five oak trees on the spur of a hill. The
boundary then follows the Oom Shillong till the boundary of Oo Don
Sena's land is met, which it follows the point from whence it
started is reached. I agree that the government, or the possessor of the
land within named, as well as the Shillong lands, shall have the joint
right of turning off all water adjoining the said land for use, subject to
such rules as the government may prescribe. I promise also, as far as
in me lies, to preserve the sacred groves whereon the water supply is
dependant, and to punish any of my subjects found cutting the trees of
the said groves and to deliver up for punishment any British subject
found so offending.
(Signed) Melay Sing Rajah + His mark.
Lormiet Montang + His mark.
Shillong,
The 10/A December 1863.
,1
Witness :
(Signed) U. Joymonee,
Interpreter.
Before me, this 18th December 1863, explained in Cossyah and
signed.
(Signed) J. C. Haughton.
"Witnesses present not called on to sign, being unable to write.
Oo Ram, Muntree.
Oo Son a „
Oo Jee „
Oo Don Sena, Muntree.
Rajah Singh Koonwer.
Kunrace, of Khyrim.
Oo Don Koonwur.
Oo Jon Sirdar.
Purbut, Interpreter.
Tama Koonwur.
Alop Koonwur.
I, Melay Sing, having, on behalf of myself and my Muntrees,
and all others concerned, ceded the Raj rights and title in the land at
Shillong, known as the Shillong lands ; the Raj lands south of the Oom
TREATIES, ENGAGEMENTS, AND SUNNUDS.
337
Soorpee, known as the Kurkontong Nongseh land ; the land near Youdoe, JYNTEAH
known as the Shillong Labang land ; hereby renounce all right and title
thereto, resigning the same to Her Majesty the Queen of England with
the trees, water, and all things thereon or therein, and hereby ac-
knowledge to have received, in full satisfaction therefor, the sum of
Rupees 2,000 (two thousand) from Lieutenant-Colonel Haughton,
Governor General's Agent, North-East Frontier.
AND
COSSYAH
HILL
TRIBES.
No. CIII.
Moleem.
(Signed) Melay Sing His mark.
„ Rajah Rabon Sing His mark.
Youdoe,
The Stk December 1863.
Rajah Rabon hereby acknowledges to have ceded all right on part
of himself and his people.
(Signed) J. C. Haughton,
Witness : Offg. Govr. Gent's Agent, N. E. F.
(Signed) U. Joymoonee, Sree Arradiiun Doss,
Interpreter.
Mohurir.
Present :
(Signed)
Oo Ram, Muntree.
»
Oo Jee „
)>
Oo Soobah „
i>
Oo Sonah „
»
Oo Raimon „
»
Oo Bamon „
a
Oo Mooik Longskoe.
a
Oo Sonkha Longdo.
1
^Moleem Poonjee.
Khyrim Poonjee.
1
J
(Signed) J. C. Haughton,
Offg. Govr. Gent.'s Agent, N. E. F.
VOL. VII.
% K
338
TREATIES, ENGAGEMENTS, AND STJNNUDS.
.1 VST F. A II
>YAH
HILL
TRl
No. CIV.
I. II II M
No. CIV.
Engagement executed by the Chief of Lungree.
I, Oomit Sing, having succeeded to the Raj of Lungree on the death
of Soonder Sing, my uncle, late Rajah, according to the custom of the
country, and with the approval of the Chiefs and elders, and also with
the sanction of the Viceroy and Governor General of India, promise to
be faithful in allegiance to Her Majesty the Queen of England, her
Heirs and Successors, and I bind myself to the following Articles : —
Abticle 1.
That I shall consider myself under the general control and authority
of the Deputy Commissioner in the Cossyah and Jynteah Hills, or such
other Officer as may be from time to time appointed by government, to
whom I shall refer all disputes between myself and the Chieftains of
other Cossyah States, and that I clearly understand, I hold my appoint-
ment under authority from the British Government, which reserves to
itself the right of removing me from office, and appointing another
Chieftain in my stead, if I should fail to give satisfaction to the
British Government and the people of the district.
Article 2.
That I shall reside in the Lungree district, and decide in open
Durbar, with the assistance of the Muntrees, Sirdars, and the elders,
according to ancient and established custom of the country, all civil
and criminal cases, not of a heinous nature, in which the inhabitants
of the said district only are concerned. I agree to refer to the Deputy
Commissioner in the Cossyah and Jynteah Hills, or other Officer ap-
pointed for the purpose by government, all cases, civil or criminal, in
which Europeans or other foreigners, including the inhabitants of the
plains, are concerned j also all cases in which inhabitants of other Cossyah
States are concerned, and all heinous criminal cases.
Article 3.
That I shall obey all orders issued to me by the Deputy or other
Officer appointed to the charge of the Hill districts, and make over, on
demand, to the local Authorities, all refugees, and civil and political
offenders, coming to, or residing in, the Lungree district.
TREATIES, ENGAGEMENTS, AND SUNNUDS.
339
Article 4.
That I shall furnish full information regarding the Lungree dis-
trict and its inhabitants whenever I may be required to do so by gov-
ernment Officers, will render every assistance in developing the re-
sources of the country, will give every help and protection in my power
to Government Officials and travellers passing through the country, or
to settlers residing there, and will use my best endeavours to facilitate
free intercourse and trade between the people of the country and the
British subjects and the people of other Cossyah States.
Article 5.
The British Government shall have the right of establishing military
and civil sanataria, cantonments, and posts, in any part of the Lungree
district where they may be required. I agree to give all lands required
for such purposes, the possessors, where the land does not belong to the
Raj, being duly compensated therefor.
Article 6.
Lastly, I, my heirs and successors, will abide by the terms of the
agreement entered into with the government by the late Rajah on
the 22nd September 1859, by which he ceded, in consideration of re-
ceiving half the profits, all his mineral rights, except those connected
with the limestone tracts, leased to the late Mr. Henry Inglis up to
1283 B. S., and all the waste lands not paying revenue, which are not
being brought into cultivation by the people of Lungree, and by which
being brought into cultivation they will not be sufferers.
Bated Cherra Poonjee, %hth January 1864.
Seal and mark of
Oomit Sing,
Rajah of Lungree.
Witnessed by
J. B. Shadwell,
Assistant Commissioner in charge.
© Mark of Scidee, Muntree, of Lauring.
0 Mark of Oowan, Muntree, of Lauring.
zfz Mark of Oosam, Muntree, of Lauring.
ru. Mark of Oo Ramsing, Muntree, of Lauring.
JYNTEAH
AND
COSSYAH
HILL
TRIBES.
No. CIV.
Lungree.
a n
TREATIES, ENGAGEMENTS, AND SUNNUDS.
JTNTEAH
COSSYAH
HILL
TRIBES.
Not. CIV
ACV.
Lmmyrte 4'
Mainm.
Sealed and signed in my presence on the 25th day of January
1864, when it was explained to the Rajah that a Sunnud and Khillut
would be forwarded by the Viceroy and Governor General.
(Signed) J. B. Shadwell,
Assistant Commissioner in charge.
Sunxud conferring the title of " Rajah" upon Oomit Sing, the Chief of Lungree.
Whereas you have been elected to be ruler of Lungree, I do hereby
confer upon you the title of Rajah on condition of your faithfully and
fully observing the conditions specified in the agreement made with you
on the 25th January 1864.
(Signed) John Lawrence.
Bated 1th June 1864.
No. CV.
Engagement executed by the Rajah of Mahram.
I, Oo Sai Sing, resident of Mahram, according to the custom of
country, and with the approval of the Chiefs and elders of Mahram,
being the lawful heir and successor to the late Oo Sep Sing, Dhollah
Rajah of Mahram, in anticipation of being duly created, under the
orders of the Viceroy and Governor General of India, Dhollah Rajah of
Mahram, do hereby promise to be faithful in allegiance to Her Majesty
the Queen of Great Britain and its dependencies, Her heirs and succes-
sors, and I bind myself to the following Articles : —
Article 1.
I consider myself under the general control and authority of the
Deputy Commissioner in the Cossyah and Jynteah Hills, or such other
Officer as may be from time to time appointed by government, and I
will refer all disputes between myself and the Chieftains of other Cossyah
States to the Deputy Commissioner aforesaid, and I clearly understand
that I hold my appointment under authority from the British Govern-
ment, which reserves to itself the right of removing me from office and
appointing another Chieftain in my stead, if I should fail to give satisfac-
tion to the British Government or to the people of Mahram.
TREATIES, ENGAGEMENTS, AND SXJNNUDS.
341
Article 2.
I agree to reside in the Mahram district, and promise to decide, in
open Durbar, with the assistance of the Muntrees, Sirdars, and the elders,
according to ancient and established custom of the country, all civil and
criminal cases, not of a heinous nature, in which the inhabitants of the
said country only are concerned. I agree to refer to the Deputy
Commissioner in the Cossyah and Jynteah Hills, or to any other Officer
appointed by government for the purpose, all cases, civil and criminal, in
which Europeans or other foreigners, including the inhabitants of the
plains, are concerned, as also all cases in which subjects of other Cossyah
States are concerned, and all heinous criminal cases.
Article 3.
I bind myself to obey all orders issued by the Deputy Commissioner
or other Officer appointed to the charge of the Hill districts, and to make
over, on demand, to the duly constituted Authorities all refugees and
civil and political offenders coming to, or residing in, the Mahram
district.
Article 4.
I also agree to supply full information regarding the Mahram
district and its inhabitants whenever I may be required so to do by the
Officers of government. I will also render assistance in developing the
resources of the country, and I will give aid and protection to Govern-
ment Officials and travellers passing through Mahram as also to settlers
residing therein, and will use my best endeavours to facilitate free inter-
course and trade between the people of the country under me and British
subjects and people of other Cossyah States.
Article 5.
The British Government will have the right of establishing military
and civil sanataria, cantonments, and posts, in any part of the Mahram
district under my control, and I agree to give all lands required for such
purposes on the understanding, when the land or lands do not belong to
the Raj, that the proprietors shall receive compensation.
Article 6.
Lastly, I bind myself, my heirs and successors, to the terms of the
agreement entered into with the government of British India by the late
JYNTEAH
AND
COSSYAH
HILL
TRIBES.
No. CV.
Mahram.
Ml
TREATIES, ENGAGEMENTS, AND SUNNUDS.
JYXTFAH Rajah Oo Sep Sing on the 22nd September 1859, by which he ceded, in
consideration of receiving half the profits all his mineral rights (except
those connected with the Mahram tracts leased to the late Mr. Henry
Inglis up to 1283 B. S.), and all the waste lands not paying revenue
which are not being brought under cultivation by the people of Mahram,
and by which they will not be sufferers.
Bated Youdce (fifth) Uh October 1864.
0 Oo Sai Singh, Rajah,
COSSVAH
HILL
TRIBES.
NaCV.
Mahram,
Witnessed by
Grish Chunder Bose.
»/ Mark of Ram Sing, Muntree.
IS Mark of Oo Sugi, „
3 Mark of W. Tar, „
| Mark of W. Sar Sing, Gooshtee.
rri Mark of Suntoo, „
His Seal and mark.
I Mark of Tor Sai, Muntree.
>5> Mark of W. Sona, „
O Mark of W. Saih, „
m, Mark of U. Ram, Gooshtee.
1T£ Mark of Khalaet Vasued.
Signed and sealed in my presence the 5th day of October 1864,
when it was explained to the Rajah that a Sunnud and Khillut would
be furnished on receipt of the orders of government.
(Signed) H. S. Bivar,
Depy. Commr., Cossyah and Jynteah Hills.
Sunnud confirming the election of Oo Sai Sing to be Eajah of Mahram.
Whereas you have been elected by the chief men and people of
Mahram to succeed the late Rajah Oo Sep Sing in the Chieftaincy,
I hereby recognize and confirm your election to be Rajah of Mahram.
Be assured that so long as you remain faithful in your allegiance
to the British Crown, and fully and faithfully fulfil your engagements
with the British Government, the State of Mahram will remain to you
in undisturbed possession.
(Signed) John Lawrence.
Dated Uh December 1864.
ASSAM. Assam.
{Vol. /., pages 126—141.) N°' CVI*
The Abors. — In the end of 1861 the Meyong Abors attacked and
plundered a village in British territory. Preparations were being made
to take permanent military command of the Abor country on the
border of the Assam valley, when the tribe expressed a desire to renew
friendly relations, and begged that their offences might be overlooked.
On the 5th November 1862, an agreement (No. CVI.) was made
with them binding them to respect British territory. The same en-
gagement was subscribed on 16th January 1863 by the Kebang Abors.
On 8th November 1862 a similar engagment (No. CVII.) was
concluded with the Abors of the Dihang Dibang Doars.
No. CVI.
Whereas it is expedient to adopt measures for maintaining the integ-
rity of the British territory in the District of Luckhimpoor, Upper
Assam, on the Meyong Abor Frontier, and for preserving peace and
tranquillity, and whereas by virtue of a letter No. 11 of 11th October
1862, from the Officiating Commissioner of Assam, transmitting orders
from the Government of Bengal, conveyed in a letter No. 265 T., dated
8th August 1862, from the Officiating Junior Secretary to the Govern-
ment of Bengal, the Deputy Commissioner of Luckhimpoor has been
authorized to proceed in this matter, an Engagement to the following
effect has been entered into with the Meyong Abors this 5th day of
November, a. d. 1862, at Camp Lalee Mookh : —
Article 1.
Offences committed by the Meyong Abors in a time of hostility
towards the British Government, and for which the assembled heads of
villages have sued for pardon, are overlooked and peace is re-established.
:;m treaties, engagements, and sunnuds.
ASSAM. Article 2.
I i The limit of the British territory, which extends to the foot of
Abort. the hills, is recognized by the Meyong Abors, who hereby engage to
respect it.
Article 8.
The British Government will take up positions on the frontier in
the plains, will establish stations, post guards, or construct forts, or
open roads, as may be deemed expedient, and the Meyong Abors will
not take umbrage at such arrangements, or have any voice in such
matters.
Article 4.
The Meyong Abors recognize all persons residing in the plains in
the vicinity of the Meyong Hills as British subjects.
Article 5.
The Meyong Abors engage not to molest or to cross the frontier for
the purpose of molesting residents in the British territory.
Article 6.
The communication across the frontier will be free both for the
Meyong Abors and for any persons, British subjects, going to the Meyong
villages for the purpose of trading or other friendly dealings.
Article 7.
The Meyong Abors shall have access to markets and places of trade
which they may think fit to resort to ; and on such occasions they engage
not to come armed with their spears and bows and arrows, but merely to
carry their daos.
Article 8.
Any Meyong Abors desiring to settle in, or occupy lands in the
British territory engage to pay such revenue to government as may be
fixed upon by the Deputy Commissioner j the demand, in the first
instance, to be light.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 345
Article 9. ASSAM.
The Meyong Abors engage not to cultivate opium in the British No. CVI.
territory, or to import it.
Article 10.
In event of any grievance arising, or any dispute taking place be-
tween the Meyong Abors and the British territory, the Abors will refrain
from taking the law into their own hands, but they will appeal to the
Deputy Commissioner for redress and abide by his decision.
Article 11.
To enable the Meyong Abors of the eight khels or communities,
who submit to this engagement, to keep up a Police for preventing any
marauders from resorting to the plains for sinister purposes, and to en-
able them to take measures for arresting any offenders, the Deputy Com-
missioner, on behalf of the British Government, agrees that the commu-
nities referred to shall receive yearly the following articles :—
100 iron hoes (one hundred).
30 maunds of salt (thirty).
80 bottles of rum (eighty).
2 seers of Abkaree opium (two).
2 maunds of tobacco (two).
Article 12.
The articles referred to above, which will be delivered for the first
year on the signing of this engagement, will hereafter be delivered from
year to year to the representatives of the eight khels or communities of
the Meyong Abors as aforesaid on their meeting the Deputy Commis-
sioner at Lalee Mookh, or at any other convenient place on the Meyong
Doar side.
Article 13.
On the occasion of meeting the Deputy Commissioner, the Meyong
Abors, in earnest of their continued friendly feeling, engage to make a
tribute offering of a mithun, pigs, and fowls, in exchange for which they
will obtain usual suitable acknowledgments.
VOL. vii. v 2 w
ASSAM
346
treaties, engagements, and stjnnuds.
Article 14.
In event of Meyong Abors infringing or failing to act up to any of
the provisions of this engagement, it will be considered null and void
and will no longer have effect.
Article 15.
The original of this engagement, which is drawn up in English,
will remain with the Deputy Commissioner of Luckhimpoor, Upper
Assam, and a counterpart or copy will be furnished to the subscribing
Meyong Abors.
Article 16.
In ratification of the above engagement contained in fifteen para-
graphs, the Deputy Commissioner of Luckhimpoor, Assam, on behalf
of the British Government, puts his hand and seal, and the recognized
headmen or Chiefs of the eight khels or communities of the Meyong
Abors affix their signatures or marks, this 5th day of November a. d.
1862.
Signed) H. S. Bivar, Major,
Depy. Commr., 1st Class, Luckhimpoor,
and Agent, Govr. Genl, North-East Frontier.
On behalf of the community of
Munkoo.
Lomiur Gham, his mark X
Taukoor „
Yabang „ >f
Chapeur „ fj
iTaying
On behalf of the community of Ram-
kong.
PoorudingGham, his mark
Azragi
Kakoh
KolinS
Goling
^Daling
X
X
X
X
X
X
X
X
X
X
TREATIES, ENGAGEMENTS, AND SUNNUDS.
347
On behalf of the community of
Bokoonsr.
'"Moozung Gham, his mark
Sootam
Gandal
Bidoo
Takoor
■
^Yaleng
x
X
X
X
X
X
r» u t. u» r _t. •_ r- t» j ( Kerie Gham, his mark x
On behalf of the community of Padam- \ '
neh. J Taddang „ „ X
(.Tuttoo ,, „ X
On behalf of the community of Kemi... <
"Tassee Gham, his mark X
Somuing „ „ X
Takokh „ „ x
Taneeh „ „ x
Takoom „ „ x
Takor „ ,, x
Loling „ „ x
Lomeh „ „ x
On behalf of the village of Lekang
On behalf of the village of Galong
Basing Gham, his mark X
["Taming Gham, his mark X
j Takir „ „ x
1 Tussif „ „ x
l^Dookang „ „ x
A_vt.ii> fn rti c t _ f Looking Gham, his mark X
On behalf of the village of Ledoom . . . -J . °
(.Taying „ „ X
A precisely similar agreement was concluded with the Kebang Abors on 16th
January 1863. The articles annually given to them are thirty maunds of salt-
forty bottles of rum, four maunds of tobacco or Rupees 28 for tobacco, twenty-
eight iron hoes, and two seers of opium.
ASSAM.
No. CVI.
348 TREATIES, ENGAGEMENTS, AND SUNNUDS.
No. CVII.
.v evil. Whereas, with a view to maintain the integrity of the British
territory and to preserve peace and tranquillity in the District of
Luckhimpoor, Upper Assam, in the frontier bordering on the " Padoo,"
the " Meyboh," the " Silookh," the " Bompon/' and the " Bor Abor "
Hills, it is expedient to adopt certain measures, and whereas that the
policy enjoined under a letter from the Officiating Commissioner of Assam,
No. 11 of the 11th October, conveying the orders of the Government of
Bengal in a letter No. 265 T, dated 8th August 1862, might with
advantage be adopted towards the Abor clans aforesaid, pursuant thereto,
at a meeting between the representatives of the Abor communities
named, and the Deputy Commissioner of Luckhimpoor, Upper Assam,
at Camp Dihang Dibang Mookh, on the 8th day of November a. d.
1862, the following engagement was entered into: —
Artcile 1.
The British territory which extends to the foot of the hills will be
respected by the Abors of the communities named in the preamble.
Article 2.
The Abors hereby recognize all persons residing in the plains to be
British subjects.
Article 3.
The Abors engage to take measures for preventing any parties from
amongst their clansmen from molesting residents in the British territory.
Article 4.
The British Government may take up positions in the frontier, in
the plains, may establish stations, post guards, or construct forts, or
open roads, as may be deemed expedient, and the Abors will not take
umbrage at such arrangements or have any voice in such matters.
Article 5.
The communication across the frontier will be free for the Abors
and for residents in the British territory going to the Abor villages for
the purpose of trade or other friendly objects.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 349
Article 6. ASSAM.
The Abors shall have access, as heretofore, to markets and places of n0. CVIL
trade in the British territory they may think fit to resort to ; but when
trading, they, the Abors, engage not to come armed with their spear,
bows, and arrows, but merely to carry their daos.
Article 7.
Any Abors settling or occupying lands in the British territory
engage to such revenue to government as may be fixed upon ; the
demand, in the first instance, to be light.
Article 8.
The Abors engage not to cultivate opium in the British territory
or to import it.
Article 9.
In event of the Abors having any grievance, or in case of any
dispute arising between them and British subjects, the Abors will refrain
from taking the law into their own hands ; but they will in all cases
appeal to the Deputy Commissioner and abide by his decision.
Article 10.
To enable the Abors of the clans or communities mentioned in the
preamble to keep a Police for preventing any marauders from resorting
to the plains for sinister purposes, and to enable them to take measures
for arresting any offenders, the Deputy Commissioner, on behalf of the
British Government, undertakes that the Abor communities referred to
shall receive yearly the following articles : —
One hundred iron hoes.
Forty maunds of salt.
One hundred bottles of ram.
Two maunds of tobacco.
Article 11.
The articles referred to above, which will be delivered for the first
year on the signing of this engagement, will hereafter be delivered from
year to year to the representatives of the communities or clans named
in the preamble.
NaCVlI.
350 treaties, engagements, and sunnuds.
Article 12.
On the occasion of the yearly meeting of the Deputy Commissioner
and the Abors, the usual exchange of offerings and presents will take
place.
Article 13.
In event of the Abors failing to act up to the provisions of this
engagement, it will be null and void.
Article 14.
The original of this engagement, which is drawn up in English,
will remain with the Deputy Commissioner of Luckhimpoor, Upper
Assam, and a counterpart or copy will be furnished to the representatives
of the Abor communities aforesaid.
Article 15.
In ratification of the above engagement contained in fourteen para-
graphs, the Deputy Commissioner of Luckhimpoor, Upper Assam, puts
his hand and seal, and the representatives of the Abor communities affix
their marks or signatures, this eighth day of November J.862.
(Signed) H. S. Bivar,
Deputy Commissioner.
On behalf of Meyboh
On behalf of Padoo
On behalf of Silookh
On behalf of Bomjeon
On behalf of the Bor Abors
On behalf of the Bor Silookh Abors
On behalf of Toomkoo Padoo Abors
Popang Ghana, his mark
Toomkur „ „
Moskokh „ „
Joloong „ „
Junbang „ „
Karmood, son of Onoo Gham, his
mark x
Meyong Gham, his mark x
BHOOTAN.
{Vol. L, pages 142—150.)
The Districts of Bhootan between the hills and the British frontier
are known as the Doars, and take their names from the different passes
which lead through the hills into Bhootan. Besides the Kooreapara Doar,
formerly governed by the Twang Raiah, who
Bengal Doabs. . J & J s J '
„, d v v + was immediately dependent on Lassa, there
2. Zamerkote. are in all eighteen* Doars, eleven on the
4. Lukhee. Bengal frontier and seven on the frontier
g g"^ of Assam. Over the Bengal Doars, which
7. Bara. extend from the Teesta, on the eastern boun-
9. Reepoo. dary of Sikhim, to the Monas, the Bootiahs
1* SghSinef66* have for lonS 7ears held sovereign dominion ;
and previous to the annexation of Assam bv
Assam DoAsa. * • , -, ,
Kamroop Doars. the Bntlsh Government during the first
12. Ghnrkola. Burmese war, the Bootiahs had also wrested
li Chappagoree. {oxa of the Assam Doars from the Native
15. Cbappakhamar. government, while the other three were
16. Bijnee. .
held on a sort of joint tenure by the Bootiahs
and Assamese. How long this state of things
17. Booree Gooma. . °
18. Knlling. had existed is not precisely known. The
Bootiahs paid to the Assam government for the Doars a tribute of
Rupees 3,049, partly in money and partly in goods ; and after the an-
nexation of Assam, the tribute was paid to the British Government, who
also continued the system of joint occupation of the three Doars of
Kooreapara, Booree Gooma, and Kulling, holding them for four months
every year, and making them over to Bhootan for the other eight months.
In 1828 the Bootiahs began the long series of outrages on the
British frontier, which has ended in the annexation of all the Doars.
The first attack was on Chatgaree, in the Durrung Zillah, by freebooters
from the Booree Gooma Doar, and was followed by the occupation of
the Doar by the British Government till 31st July 1834, when it was
restored on evidence being given, afterwards ascertained to be false, of
352 Ti.l.ATIES, ENGAGEMENTS, AND SUNNUDS.
BHOOTAN. the death of the leader of the freebooters. In May 1835 an attaek was
~ made on Nowgong, in Zillah Kamroop, from the Bijnee Doar, and in
November of the same year another incursion was made into the Durrung
District from the Kulling Doar.
Two months afterwards, in January 1836, another daring in-
cursion attended with loss of life and property was made from the
Banska Doar into the Kamroop District, headed by an influential Talook-
dar, who took refuge with the Dewangiri Rajah ; thereupon the Banska
Doar was temporarily occupied. The Dewangiri Rajah did not surrender
the offenders till after he had been defeated in battle : eventually, at the
humble entreaty of the Bootiahs, the Doar was restored.
The unsatisfactory state of affairs on the frontier determined
government to send a friendly mission to the Bhootan Court, and, if
practicable, to Lassa : Captain Pemberton was appointed envoy. Besides
procuring information and statistics of the nature and resources of the
country, and its political relations with Nepal and China, the chief
object of the mission was to establish our frontier relations with Bhootan
on an improved footing, and to provide for the punctual payment of the
tribute which had fallen into arrears to the extent of about Rupees 45,500.
This object was to be secured, if possible, by inducing the Bhootan
government to make over the Doars to the management of the British
Government in consideration of such annual payment as might be
agreed upon, or by the commutation of tribute to a cession of land.
Subsidiary to this political object was the improvement of commercial
intercourse with Bhootan. The mission reached Poonakha on 1st April
1838, where it was well received ; but Captain Pemberton utterly failed
in coming to any satisfactory understanding with the Bhootan government.
The country was suffering from the effects of a recent revolution. The
new Deb Rajah, who had a short time previously succeeded to office by
the deposition of his predecessor, was scarcely established in power, and
the deposed Deb still held possession of Tassisudon. The Paro Pillo,
who governed the Bengal Doars, and the Tongso Pillo, who governed
the Doars of Assam, had established themselves in positions of virtual
independence, while the latter had considerably strengthened his authority
by inducing the priesthood to. recognize in his son the regeneration
of the Dhurm Rajah.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 35$
Under these circumstances the mission withdrew on 9th May, UIIOOTAN.
and the British Government had no course left but to take its^own
measures for the protection of the frontier.
In the mean time outrages on the frontier did not cease. In 1839
the Bootiahs carried off twelve British subjects, some of whom they
murdered. The aggressions were committed less from the Western Doars
under the Paro Pillo than from the Eastern under the Tongso Pillo, and
the Kooreapara Doar under the Twang Rajah, an immediate dependent
on the government of Lassa; a distinction in the policy pursued towards
the frontier Governors of Bhootan was therefore deemed necessary. In
October 1839 the Kulling, Booree Gooma, and Kooreapara Doars were
attached, and the Bhootan government were informed that they would
not be given up till the kidnapped subjects of the British Government
were released, all arrears of tribute paid, and till the British Government
were satisfied that the Central government in Bhootan were able to con-
trol their frontier Officers.
The deputation of another mission was suggested in 1841. The
Deb Rajah was believed to be willing to farm all his Doars to the
British Government; but as Bhootan was at the time in a state of
anarchy, no good result could be expected from further negotiation. A
letter was therefore addressed to the Deb Rajah on the 14th of June,
warning him that, should the country continue much longer in a state
of anarchy and our frontier be violated, the British Government would
be compelled to occupy the remaining Doars. This letter produced no
effect ; and as the measures already taken had been approved by the
Court of Directors, the Agent to the Governor General was authorized,
on 6th September 1841, to attach the remaining Assam Doars as he
might see to be proper and expedient.
The occupation of the three Doars in 1839 had been confessedly
only temporary ; but as the demands of the British Government had
not been complied with up to September 1841, and the possible restora-
tion of the Doars to Bhootan prevented the repopulation and improve-
ment of the districts, the Agent to the Governor General suggested
that the permanent annexation of the districts should be proclaimed,
and that a share of the net revenues from one-third to one-half should
be allowed to the Bhootan government. The permanent annexation of
the Doars was agreed to, not only on grounds of policy and humanity,
VOL. VII. 2 x
354
TREATIES, ENGAGEMENTS, AND SUNNUDS.
BHOOTAN. but also on the ground that the tenure on which the Doars had been held
by the Bootiahs for a certain portion of each year gave them no title to
claim them as their own territory. The right of supremacy, it was
asserted, had remained with the rulers of Assam, by whom the use of the
Doars for certain months of the year had been granted to the Bootiahs
as the price of their forbearance from plundering; and all that the
Bootiahs had any pretension to was an equivalent for the value of the
Doars to them previous to their resumption. This compensation
was to be given on condition of abstinence from all marauding
encroachments on British territory, on a calculation of the average
profit which the Bootiahs had derived from the Doars for a period
of five or ten years before their attachment. No data, however,
existed on which to base such a calculation, and on 8th March 1843,
Government agreed to pay to the Bootiahs one-third of the net
revenues. At first the Bhootan Durbar refused to accept it, and the
Deb and Dhurm Rajahs, and the Tongso Pillo, in September 1843, sent
a deputation to Calcutta to demand the restoration of the Doars. This
deputation departed without attaining its object, and eventually the
Bhootan government accepted the arrangement. The first payment made
to Bhootan was Rupees 8,334 only on the Assam Doars, exclusive of a pay-
ment of Rupees 5,000 on the Kooreapara Doar under a separate engage-
ment.* This sum of Rupees 8,334 was calculated to be one-third of the
net revenues as they stood in 1844, viz. : —
Rs. A. P
Booree Gooma
• . • ... ••• •
. 4,989 2 8
Kulling . . .
..
. 1,752 8 0
Banska
... ... ... •
. 15,622 7 5
Ghurkola ...
. . ... ... •
726 8 0
Bijnee
...
. 1,109 10 3
Chappagoree
...
. 1,830 2 0
Chappakhamar
.. ... ««•
Total .
73 0 7
. 26,104 6 11
The net revenue of Kooreapara in the same year was Rupees
12,450-14-7, but as the Bootiahs were not content with one-third of this
sum, Rupees 5,000 were paid, and the payment on the Assam Doars
* See Vol. 1., pages 143 and 145.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 355
was afterwards raised to Rupees 10,000, making the annual payment BHOOTAN.
Rupees 15,000 in all, viz., Rupees 5,000 for the Kooreapara Doar, and
Rupees 10,000 for the other Assam Doars.
In 1855 two Rajahs from Bhootan, one an uncle of the Dhurm
Rajah and the other the Jadow or Dewangiri Rajah, also a relative of
the Dhurm Rajah, were deputed to Gowhatty to demand an increase of
the share of the revenues of the Doars ; they were unsuccessful, and on
their return to Bhootan they took occasion to commit several outrages in
the Banska Doar, chiefly on the persons and property of government
Officials. They plundered property to the value of Rupees 2,868, and tor-
tured people to make them disclose their treasures. At the same time
several incursions were made by Bootiahs from the hills, which were
instigated by the Dewangiri Rajah, who was also the receiver of the
stolen property. At this time the Dhurm Rajah was powerless in
Bhootan. He had been deprived of his seals by rebellious Soobahs, and
was anxious to put himself under the protection of the British Govern-
ment. The British Government, of course, declined to interfere in the
internal disputes of Bhootan, but a demand was made on the Deb and
Dhurm Rajahs and the Tongso Pillo or Penlow, the Chief Bootiah
Authority on the Eastern Frontier, for the surrender of those who
had violated BriL. .territory, and orders were given to close the
passes from the hills to the Doars if this demand should not be promptly
complied with, or if any more outrages were committed. The
Dewangiri Rajah, however, was removed from office by the Deb Rajah,
and the Tongso Pillo, his brother, was fined double the amount of the
property stolen. Under these circumstances, the passes were re-opened ;
and government limited its further demand to the recovery of an
equivalent for the property stolen, the value of which (Rupees 2,868)
was deducted from the Bootiah share of the revenue of the Doars.
The Tongso Pillo then addressed a threatening letter to the British
Frontier Officers, demanding the payment of half the fine inflicted on him
by the Deb Rajah and the surrender of some of the Bootiah offenders, who
had been seized by the British Officers and were under trial. It was also
reported that the Dewangiri Rajah was building forts, opening roads, and
apparently preparing to harass our frontier. Precautions were at once taken
for the protection of the frontier, and the permanent annexation of the
TREATIES, ENGAGEMENTS, AND SUNNUD9.
bhootan. Bengal Doars was not only threatened but was ordered in the event of
"" any repetition of aggressive movements on the part of Bhootan. The Deb
Rajah was informed that although he might be ostensibly well disposed
toward the British Government, yet if he was unable or unwilling, or
remiss in his endeavours, to restrain his subordinate Chiefs, it could not be
permitted that, for this want of power, or want of will, or want of energy,
the subjects of the British Government should suffer, and that he must
share in the penalty due to the delinquencies of those who owned his
authority, and for whose acts of aggression on British territory he must
be considered responsible.
The Dhurm and Deb Rajahs, the Tongso Pillo and the Dewangir
Rajah, all apologized for their previous misconduct. Meanwhile, however,
another outrage had been committed in the Gowalpara District. Arung
Sing, the hereditary Zemindar of the Gooma Doar, who had taken refuge
in British territory from a cruel imprisonment, was carried off from his
residence in Mouza Pettah by a party of armed Bootiahs. A demand
was made on the Bhootan government for the punishment of the offenders,
and an apology for the acts of their dependants. This demand was accom-
panied with a warning that if atonement were not made for this new
aggression, the Government of India would hold itself free to take per-
manent possession of the Bengal Doars. On the other hand, if full satis-
faction should be offered for the aggression committed in carrying off Arung
Sing, correspondence with the Tongso Pillo was to be resumed, and the
Bootiah share of the Doar revenue was to be raised to Rupees 12,000.
No reply to the remonstrance was received from the Dhurm Rajah
at all, while that of the Deb Rajah, not only in the case of Arung Sing,
but in answer to the demand for the surrender of parties charged with
dacoity and the murder of a British subject at Shaftabari, in Rungpore,
was evasive and unsatisfactory. Further outrages also were reported :
A British merchant, named Saligram Asaval, who had gone to Myna-
goree to trade, was seized, and his release was refused. Two men also,
with their wives, were forcibly carried away from Cooch Behar. A
corps of observation was moved to the frontier, but before putting into
execution the threatened annexation of the Doars, the Government of
India desired to have full information on the political condition of
Bhootan, in regard to which their information was curiously imperfect.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 357
The enquiries made by the Bengal Government established the impres- BHOOTAN.
sion that the Central government of Bhootan at Tassisudon does, under ~~
ordinary circumstances, exercise an effective control over the subordinate
provincial Governors or Soobahs, but that the degree of control varies
with the state of parties at Court, and had of late been weakened by
contentions for the office of Deb Rajah. It was reported that the Deb
Rajah, a usurper, had recently died, and been succeeded by a new ruler
with the entire consent of the party of the Dhurm Rajah, a change
which was considered to be favorable to the cause of good order on the
frontier, where the authority was divided between the Tongso Pillo in
the Eastern Doars, the Paro Pillo in the Western, and the Deb Rajah
himself in the Central Doars, each Doar, however, being directly under
a Soobah or local Governor. Under these circumstances, having regard
to the change which had taken place in the persons composing the gov-
ernment of Bhootan, and apparently in the temper of those authorities,
it was determined not to proceed at once to coercion, but to make one
more demand on the Dhurm and Deb Rajahs, with the warning that, if
the demand should fail of success, the Government of India would take
measures at its own pleasure for enforcing it. The measures suggested
were the seizure in permanent possession of the tract of country which
the Bhootan government held on this side of the Teesta, which was ceded
to them more than seventy years ago, and was held by the British Govern-
ment in farm ; and if this did not prove sufficient, the occupation and
retention of the Julpesh District beyond the Teesta, but not reaching to
the Doars.
The outbreak of the mutinies prevented the execution of these
measures. But on 15th April 1859, the Bengal Government submitted
a list of the aggressions committed by the Bootiahs since 1857 : it
showed a total of thirty-three cases, in which 45 persons had been carried
off by the Bootiahs, of whom 27 had been released, 1 had made his
escape, and 17 remained in captivity. In one case the Bootiahs had also
carried off property to the value of Rupees 20,936. With reference to
these occurrences, the Governor General in Council decided that the time
for coercion had arrived. The territory known as the Ambarree Falla-
cottah, on this side the Teesta, which was held in farm from Bhootan,
was taken possession of; a letter was addressed to the Deb Rajah, stating
35S TREATIES, ENGAGEMENTS, AND SUNNUDS.
BHOOTAN. categorically the circumstances of each case of outrage, and requiring not
only the restoration of captives, but the punishment of the guilty parties,
and informing the Rajah that the territory would not be given back
till full reparation should be made.
In the mean time the outrages in British territory and the terri-
tories of the Rajahs of Cooch Behar and Sikhim had not ceased. The
marauders in these fresh dacoities belonged chiefly to the Balka, Sediee,
and Cheerung Doars. During the negotiations with Sikhim at the close
of the Sikhim war, the Bhootan government repeatedly attempted to pro-
cure, through the Superintendent of Darjeeling and through the envoy
to Sikhim, the payment of the rent of Ambaree Fallacottah, and after
the conclusion of the Sikhim Treaty, the Bhootan Authorities had been
threatening Sikhim, on the pretence that it was owing to the rupture
between the British Government and Sikhim that the Ambaree Falla-
cottah rents had been withheld. The Deb Rajah, however, was informed
that the stoppage of the rents was owing solely to the refusal of the
Bhootan government to comply with the just demands of the British
Government. But as it was doubtful whether, in consequence of the
usurpations of the frontier Governors, the letters to the Central gov-
ernment of Bhootan were not intercepted, the Government of Bengal
proposed to send a mission to Bhootan and permanently to locate a Bri-
tish Agent at the Court of the Deb Rajah.
The Government of India, with the approval of the Secretary of
State in Council, determined that a mission should be sent to explain
what the demands of the British Government were and what would be
done if they were not conceded, and also to make our engagement with
Sikhim clearly understood to the Bootiahs. But the expediency or other-
wise of placing an Agent in Bhootan was to be left for consideration
after the result of the mission was known.
A messenger was despatched with a letter to the Deb and Dhurm
Rajahs, informing them of the intention to send an envoy and enquir-
ing by what route the Bhootan government would wish him to proceed.
On 11th October 1862, the Government of Bengal urged that the
mission should start not later than the 25th of December 1862, and
should proceed from Darjeeling across the Teesta into Bhootan, and
march direct by the best and shortest route to Tassisudon or to
TREATIES, ENGAGEMENTS, AND SUNNUDS. 359
Poonakha, if the Durbar had not left its winter quarters by the time BHOOTAN.
the mission arrived there. They suggested that another special mes- ""
senger should be sent to announce the appointment of the envoy by
name and the route by which he would march. But as the selection of
the route of the mission had been left to the Deb and Dhurm Rajahs,
the Governor General in Council resolved to await the answer to be
brought by the special messenger. He arrived towards the end of 1862
with an evasive letter from the Deb Rajah, who expressed himself ready
to receive the Agent to the Governor General, to converse about the
Assam Doars ; asked for payment of the Ambaree Fallacottah rents ;
intimated that the Dhurm Rajah was averse to an interview, and that
Zinkaffs would be deputed to adjust the disputes when the season would
permit.
With reference to this, the Bengal Government urged that, instead
of waiting for the Zinkaffs, the mission should be dispatched at once,
as it was impossible for the questions in dispute to be settled satisfac-
torily in any other way. But the Governor General was of opinion
that as the Bhootan government had been asked to point out the route
which the mission to Bhootan was to follow, it would not be advisable
at so late a period in the cool season to raise a new question by selecting
a route without waiting for the formal reply from the Bhootan rulers.
Up to the 19th March 1863 nothing more was heard of the pro-
mised deputation of the Zinkaffs, and as the messengers who had, as
usual, come down to receive their share of the revenues of the Assam
Doars, knew nothing of any intention on the part of the Bhootan gov-
ernment to send the deputation, it was finally determined that the envoy
should proceed from Darjeeling after the rains of 1863, furnished with
instructions, which were approved by Her Majesty's Government, and
with a Draft Treaty which he was to negotiate.
Before the mission commenced their journey, information was received
of the outbreak of a revolution in Bhootan, headed by the Soobah of
Poonakha, who was supported by the Tongso Pillo, the Soobahs of East
Bhootan, and the Dalimkote Soobah, and some of the western Chiefs,
to overthrow the Deb Rajah, whose cause was espoused by the Paro Pillo,
the Soobah of Tassisudon, and a few of the western Soobahs. The
revolution was successful, and as the envoy reported that he did not
MO TREATIES, ENGAGEMENTS, AND SUNNUDS.
hiiootan. think that any serious difficulties would be placed in the way of the
~ mission, and that the Soobah of Dalimkote had promised to give all the
assistance in his power on the way to Tassisudon, the mission was, on
21st December 1863, authorized to start on their journey. The envoy
reached Poonakha on the 13th of March, where he found the Deb and
Dhurm Rajahs were puppets in the hands of the Tongso Pillo, the
successful head of the late insurrection. By this man, who refused
to treat except on condition of the restoration of the Assam Doars
the mission were subjected to gross outrage and insult ; with difficulty
they obtained permission to return after the envoy had signed under
compulsion an agreement that the British Government would re-adjust
the whole boundary between the two countries, restore the Assam Doars,
deliver up all run-away slaves and political offenders who had taken
refuge in British territory, and consent to be punished by the Bhootan
and Cooch Behar governments acting together if they ever made
encroachments on Bhootan. The envoy resolved to sign this document
after considering in concert with the other Officers of the mission and
rejecting as more embarrassing to government every other course which
appeared open to him.
The engagement which had been extorted from the envoy was at
once repudiated by the British Government, and as a punishment for
the outrageous treatment to which the mission had been subjected
the Ambaree Fallacottah was declared (No. CVIIL) to be permanently
annexed to the British dominions, and the payment of revenue to Bhootan
from the Assam Doars was stopped for ever, and the Bhootan government
were informed that if the demands of the British Government were not
complied with by 1st September 1864, such further measures would be
taken to enforce these demands as might appear to be necessary. No
steps having been taken within the time specified to comply with these
demands, the Bengal Doars were permanently annexed (No. CIX.) to
the British territories,, and the districts were occupied in force by British
troops.
No. CVIII.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 361
No. CVIII. BHOOTAN.
Khureeta to His Highness the Deb Rajah, — (dated Simla, the 9th June 1864.)
You are well aware that for many years past wanton outrages have
been committed by your subjects within the territories of the British
Government and within the territories of the Rajahs of Sikkim and
Cooch Behar, who are under British protection. " Men, women, and
children have been kidnapped and sold into slavery; some have been
put to death ; others have been cruelly wounded ; and much valuable
property has been carried off or destroyed. These outrages, it is well
known, are not the act of individual criminals, who set the laws of
Bhootan at defiance ; they are perpetrated with the knowledge and at the
instigation of some of the leading Chiefs of Bhootan. Over a period of
thirty-six years these aggressions have extended. Many remonstrances
have been in vain addressed to the Bhootan government, and the British
Government has been compelled, in its own defence and the defence of
its protected and subordinate allies, to have recourse to measures of retri-
bution. In 1828 and 1836 the British Government were most re-
luctantly forced to occupy the Booree Gooma and the Banska Doars, but
these districts were subsequently restored to the Bhootan government in
the hope that the Bhootan government would fulfil the offices of friend-
ship towards their neighbour by restraining their subjects from the com-
mission of such aggressions for the future.
This hope proved illusory, and after the British Government had
in vain endeavoured to secure a better understanding with the Bhootan
government by means of a friendly
BS?khamar' mission, it became necessary in 1841
Booree Gooma. to annex permanently to the British
Kulling. l '
dominions the seven* Assam Doars,
a measure which, it was believed, would convince the Bhootan government
that British territory cannot with impunity be persistently and wantonly
violated. Nevertheless, the British Government, willing to believe in
the friendship of your government, and careful only to secure an undis-
turbed frontier and to live at peace with the people of Bhootan, paid to
your government annually a sum of Rs. 10,000 from the revenues of
these Doars.
vol. vii. 2 y
* Ghurkola.
Banska.
Cliappagoonee.
362 TREATIES, ENGAGEMENTS, AND SUNNUDS.
BIKX> But even this moderation on the part of the British Government,
S t \ in. Qiia sign of its anxiety above all things for peace, was misunderstood.
Outrages did not cease. Precautions had to be taken for the defence
of the British Frontier, and not only the Deb and Dhurma Rajahs, but
the local Governors on the frontier, particularly the Tongso Pillo, had
to be distinctly warned that, unless these insults to the British Govern-
ment were put a slop to, the British Government would have no alter-
native but to resort to further measures of retribution.
These warnings were ineffectual ; it is unnecessary to repeat the nu-
merous acts of aggression to which the British Government patiently
submitted, and the further remonstrancs which were addressed to your
government before they carried their threats into execution by the stop-
page of the rent of Rupees 2,000 a year for the Ambaree Fallacottah, which
the British Government held in farm. Of the reasons which forced the
British Government to this measure, your government were duly in-
formed, and you were warned that the rents of Ambaree Fallacottah would
not be paid until full reparation should be made, captives released, and
the guilty parties punished. These measures also proved ineffectual; and
as the British Government were unwilling to be committed to a course
of retributive coercion, it was deteraiined to make one effort more by
■ peaceful negotiation and the dispatch of a friendly mission to explain
fully the demands of the British Government and to put the relations
of the two governments on a satisfactory footing. Of this intention
the Bhootan government were informed in 1862 by a special messenger,
who carried letters to the Deb and Dhurma Rajahs, and by more recent
letters addressed to you by the Honourable the Lieutenant Governor of
Bengal. The mission, under the conduct of the Honourable Ashley Eden,
a high functionary of the British Government and my envoy and
plenipotentiary, reached your Court at Ponaka on 13th March 1864.
Mr. Eden was the bearer of a Draft Treaty which he was instructed to
negotiate with you. The terms of that Treaty were so just and reason-
able, and so favorable to the best interests of both governments, that I
did not anticipate its rejection, more especially as Mr. Eden had full
discretion to modify any of the details not inconsistent with the prin-
ciples of the Treaty to meet the wishes of the Bhootan government. It
was, of course, optional with you to accept or reject this Treaty in whole
TREATIES, ENGAGEMENTS, AND SUNNUDS. 3G3
or in part, and had you received my envoy in the manner suited to his BHOOTAN.
rank as my representative, and as by the usages of nations he ought to Ko. CVIH
have been received, but declared your inability to accede to the demands*
of the British Government, this rejection of my proposals, however much
to be regretted as forcing the British Government to coercive measures
for the protection of the persons and property of its subjects, would not
in itself have been an offence.
But you are aware that not only have the just demands of the Bri-
tish Government been refused, but they have been refused in a manner
disgraceful to yourself and to your Durbar and insulting to the British
Government. Not only has the envoy deputed to your Court not been
received with the dignity due to his rank; he has not even received that
protection from personal insult and violence which is extended to an
envoy by the laws of all nations save the most barbarous. By the
Tongso Pillo and his coadjutors in Council the letter addressed to you on
the part of the British Government has been treated with contumely ;
my envoy was publicly insulted and derided in your own presence, and
has been compelled under threats of personal violence to sign an engage-
ment agreeing" to restore the Assam Doars.
This engagement I entirely repudiate, not only because it was be-
yond Mr. Eden's instructions to agree to any such terms, but because the
engagement was extorted from him by personal violence and threats of
imprisonment. The treatment to which the mission which was deputed
to your Court to remove all causes of dispute by peaceful negotiation was
subjected, has been so disgraceful, that the British Government cannot
allow the government of Bhootan to go unpunished.
I am aware that your authority has been usurped by the Tongso
Pillo and other Chiefs, but it cannot be permitted that, for the insubordi-
nation of your Chiefs and the internal distractions which weaken the
government of Bhootan, the subjects of the British Government should
suffer and the envoy of the British Government should be insulted anil
maltreated.
I therefore inform you that the district of Ambaree Fallacottah,
heretofore held in rent from the Bhootan government, is permanently
annexed to the British dominions, and that all payments of rent from
that district and of revenues from the Assam Doars to the Bhootan
£64 TREATIES, ENGAGEMENTS, AND SUNNUDS.
n II OOTAN. government have ceased for ever. You have been informed both in writ-
No*. CVIII mg and by my envoy that all British subjects of Cooch Behar and Sikkim,
& CIX. *bf whom there are said to be more than three hundred, who are now held
captive by your Chiefs and in your monasteries, or are detained in
Bhootan against their will, must be released, and that the property which
has been carried off from British territory, or Cooch Behar, or Sikkim
within the last five years, must be restored. I now warn you that, unless
these demands are fully complied with by the 1st day of September next,
that is, three months from this date, I shall take such further measures
to enforce these demands as may seem to me to be necessary.
(Signed) John Lawrence.
The same to the Dhurm Kajah.
No. CIX.
PROCLAMATION.
FOREIGN DEPARTMENT.
POLITICAL.
Fort William, the \%th November 1864.
For many years past outrages have been committed by subjects of
the Bhootan government within British territory, and in the territories
of the Rajahs of Sikkim and Cooch Behar. In these outrages property
has been plundered and destroyed, lives have been taken, and many in-
nocent persons have been carried into and are still held in captivity.
The British Government, ever sincerely desirous of maintaining
friendly relations with neighbouring States, and specially mindful of the
obligations imposed on it by the Treaty of 1774, has endeavoured from
time to time by conciliatory remonstrance to induce the government of
Bhootan to punish the perpetrators of these crimes, to restore the plun-
dered property, and to liberate the captives. But such remonstrances
have never been successful, and, even when followed by serious warning,
TREATIES, ENGAGEMENTS, AND SFNNUDS. 365
have failed to produce any satisfactory result. The British Government BHOOTAN.
has been frequently deceived by vague assurances and promises for the No. CIX.
future, but no property has ever been restored, no captive liberated, no
offender punished, and the outrages have continued.
In 1863 the Government of India, being averse to the adoption of
extreme measures for the protection of its subjects and dependent allies,
despatched a special mission to the Bhootan Court, charged with pro-
posals of a conciliatory character, but instructed to demand the surrender
of all captives, the restoration of plundered property, and security for
the future peace of the frontier.
This pacific overture was insolently rejected by the Government of
Bhootan. Not only were restitution for the past and security for the
future refused, but the British envoy was insulted in open Durbar, and
compelled, as the only means of ensuring the safe return of the mission,
to sign a document which the Government of India could only instantly
repudiate.
For this insult the Governor General in Council determined to
withhold for ever the annual payments previously made to the Bhootan
government on account of the revenues of the Assam Doars and Am-
baree Fallacottah, which had long been in the occupation of the British
Government, and annexed those districts permanently to British terri-
tory. At the same time, still anxious to avoid an open rupture, the Gov-
ernor General in Council addressed a letter to the Deb and Dhurma
Rajahs, formally demanding that all captives detained in Bhootan against
their will should be released, and that all property carried off during the
last five years should be restored.
To this demand the government of Bhootan has returned an evasive
reply, from which can be gathered no hope that the just requisitions of
the Government of India will ever be complied with, or that the secu-
rity of the frontier can be provided for otherwise than by depriving the
government of Bhootan and its subjects of the means and opportunity of
future aggression.
The Governor General in Council has therefore reluctantly resolved
to occupy permanently and annex to British territory the Bengal Doars
of Bhootan, and so much of the Hill Territory, including the Forts of
Dallingkot, Pasakha, and Dewangiri, as may be necessary to command
168 TREATIES, ENGAGEMENTS, AND SUNNUDS.
BHOOTaN. the passes, and to prevent hostile or predatory incursions of Bhootanese
No. C1X. *n*° ^ne Darjeeling District or into the plains below. A Military Force
amply sufficient to occupy this tract and to overcome all resistance, has
been assembled on the frontier, and will now proceed to carry out this
resolve.
All Chiefs, Zemindars, Munduls, Ryots, and other inhabitants of
the tract in question are hereby required to submit to the authority of
the British Government, to remain quietly in their homes, and to render
assistance to the British troops and to the Commissioner who is charged
with the administration of the tract. Protection of life and property and
a guarantee of all private rights is offered to those who do not resist, and
strict justice will be done to all. The lands will be moderately assessed
and all oppression and extortion will be absolutely prohibited.
The future boundary between the territories of the Queen of Eng-
land and those of Bhootan will be surveyed and marked off, and the au-
thority of the government of Bhootan within this boundary will cease
for ever.
By order of the Governor General in Council,
H. M. DuitAND, Colonel,
Secy, to the Govt, of India.
COOCH BEHAR. cooch
BEHAR.
{Vol. I., pages 151—153.-) No# cx#
On 11th March 1862, Rajah Nurinder Narain received a Sunnud
(No. CX.) guaranteeing to him the right of adoption. He died in
August 1863, and was succeeded by his infant and only legitimate son
Nirp Indur Narain. A British Officer has been appointed Commissioner
to conduct the administration during the minority. The abolition of
slavery in Cooch Behar has' been formally proclaimed.
No. CX.
Copy of Sunnud to Bajah of Cooch Behar, dated 11th March 1862.
Her Majesty being desirous that the governments of the several
Princes and Chiefs of India who now govern their own territories should
be perpetuated, and that the representation and dignity of their Houses
should be continued, I hereby, in fulfilment of this desire, convey to you
the assurance that, on failure of natural heirs, the adoption by yourself
and future rulers of your State of a successor according to Hindoo law
and the customs of your race will be recognized and confirmed.
Be assured that nothing shall disturb the engagement thus made to
you so long as your House is loyal to the Crown and faithful to the
conditions of the Treaties, grants, or engagements which record its obli-
gations to the British Government.
(Signed) Canning.
i ack CUTTACK TRIBUTARY MEHALS.
TRIBUTAUY
MEHALS. {Vol. I., pages 184 — 198.)
No CXI.
On 11th March 1862, Sunnuds (No. CXI.) guaranteeing the right
of adoption were conferred on the Chiefs of the sixteen Tributary
Mehals.
No. CXI.
Copt of a Sunnud to sixteen Tributary Mehals of Cuttack, dated 11th March 1862.
Her Majesty being desirous that the governments of the several
Princes and Chiefs of India who now govern their own territories should
be perpetuated, and that the representation and dignity of their Houses
should be continued, in fulfilment of this desire this Sunnud is given to
you to convey to you the assurance that on failure of natural heirs, the
British Government will permit and confirm any adoption of a successor
made by yourself or by any future Chief of your State that may be in
accordance with Hindoo law and the customs of your race.
Be assured that nothing shall disturb the engagement thus made to
you so long as your House is loyal to the Crown and faithful to the con-
ditions of the Treaties, grants, or engagements which record its obliga-
tions to the British Government.
(Signed) Canning.
No. CXII.
BURMAH. BURMAH.
{Vol. L, pages 199—221.)
In May 1862 the Chief Commissioner of British Burmah was
instructed to visit Ava for the purpose of coming to an understanding
with the Court of Burmah on several questions, more especially relating
to matters of commercial importance, which were then under discussion.
On 10th November 1862 he concluded a Treaty (No. CXII.) for the
protection of trade and the establishment of free intercourse with
Burmah. An Agent to the Chief Commissioner was appointed to reside
at Mandalay to prevent misunderstandings arising as to the provisions
of the Treaty.
No. CXII.
Teeaty with the King of Burmah, dated the 10th November 1862.
On the 10th day of November 1862, answering to the 5th day of
the waning moon Tatshoungmon 1224, Lieutenant Colonel A. P. Phayre,
Chief Commissioner of British Burmah, having been duly empowered
by His Excellency the Right Honourable the Earl of Elgin and Kincar-
dine, k. t. and g. c. b., Viceroy and Governor General of India, and
Woongyee Thado Mengyee Maha Menghla-thee-ha-thoo, having been
duly empowered by His Majesty the King of Burmah, concluded the fol-
lowing Treaty : —
Article 1.
The Burmese and British rulers have for a long time remained at
peace and in friendship ; peace shall now be extended to future genera-
tions, both parties being careful to observe the conditions of a firm and
lasting friendship.
VOL. VII. 2 z
370 TU KATIES, ENGAGEMENTS, A^D SUNNUDS.
i;i i:mah. Aeticle 2.
No. CXII. In accordance with the great friendship existing between the two
countries, traders and other subjects of the Burmese government, who
may travel and trade in the British territory, shall, in conformity with
the custom of great countries, be treated and protected in the same
manner as if they were subjects of the British Government.
■ Article 3.
Traders and other subjects of the British Government, who may
travel and trade in the Burmese territory, shall, in accordance with the
custom of great countries, be treated and protected in the same manner
as if they were subjects of the Burmese government.
* Article 4.
When goods are imported into Rangoon from any British or foreign
territory, and declared to be for export by the Irrawaddy River to the
Burmese territory, the English ruler shall, provided bulk is not broken,
and he believes the manifest to be true, charge one per cent, on their
value, and if he so desires, shall allow them to be conveyed under the
charge of an Officer until arrived at Maloon and Mehla. The tariff
value of goods shall be forwarded yearly to the Burmese ruler. If such
goods are declared for export to other territories, and not for sale in the
Burmese territories, the Burmese ruler shall, if he believes the mani-
fest to be true, not cause bulk to be broken, and such goods shall be free
of duty.
Article 5.
When goods are imported into Burmah by persons residing in the
Burmese or any foreign territory, and declared to be for export by the
Irrawaddy River to Rangoon, the Burmese ruler shall, provided bulk is
not broken, and he believes the manifest to be true, charge one per cent.
on their value, and if he so desires, shall allow them to be conveyed
under the charge of an Officer to Thayet Myo, and the tariff value of
such goods shall be forwarded yearly to the British ruler. If such
TREATIES, ENGAGEMENTS, AND SUNNUDS. 371
I
goods are declared for export to other territories, and not for sale in Bri- BURMAH
tish territory, such goods shall be free according to the Customs ^o. CXII
Schedule, but goods liable to sea-board duty will pay the usual rate.
Article 6.
Traders from the Burmese territory who may desire to travel in the
British territory, either by land or by water, through the whole course of
the Irrawaddy River, shall conform to the customs of the British territory,
and be allowed to travel in such manner as they please, without hindrance
from the British ruler, and to ptirchase whatever they may require.
Burmese merchants will be allowed to settle and to have land for the
erection of houses of business in any part of the British territory.
Article 7.
Traders from the British territory who may desire to travel in the
Burmese territory, either by land or by water, through the whole extent
of the Irrawaddy River, shall conform to the customs of the Burmese
territory, and shall be allowed to travel in such manner as they please,
without hindrance by the Burmese ruler, and to purchase whatever they
may require. British merchants will be allowed to settle and to have
lands for the erection of houses of business in any part of the Burmese
territory.
Article 8.
Should the British ruler, within one year after the conclusion of
this Treaty, abolish the duties now taken at Thayet Myo and Toungoo,
the Burmese ruler, with a regard to the benefit of the people of his
country, will, if so inclined, after one, two, three, or four years, abolish
the duties now taken at Maloon and Toungoo (in the Burmese territory) .
Article 9.
People from whatever country or nation who may wish to proceed to
the British territory, the Burmese ruler shall allow to pass without
872 TREATIES, ENGAGEMENTS, AND SUNNUDS.
BURMAH. hindrance. People from whatever country who may desire to proceed to
No. CXII. the Burmese territory, the British ruler shall allow to pass without
hindrance.
(Signed) Arthur Purves Phayre, Lieut. -Colonel 3
Appointed by the Viceroy and Govr.-Genl.
(Signed) Woongyee Thado Mengyee Maha Menghla-
thee-ha-thoo,
Plenipotentiary to His Majesty the King of Burmah.
Ratified by the Viceroy and Governor General of India in Council
this day the 13th of December 1862.
Fort William, -v (Signed) H. M. Durand,
The \Uh December 1862. J Secretary to the Government of India.
MALAYAN PENINSULA.
{Vol. L, pages 223—300.)
Jo/wre. — In 1862 the Tumongong of Johore, with the sanction of
the British Government, entered into a Treaty (No. CXIII.) of mutual
defence and protection with the Bandahara of Pahang, under the sixth
Article of which all disputes between them are to be referred to the
arbitration of the British Government, without whose knowledge and
consent neither party is to maintain correspondence with any foreign
power.
The position of the Tumongong, with reference to the lands left him
in Singapore under the sixth and seventh Articles of the Treaty of 1824,
was very unsatisfactory. By a Treaty (No. CXIV.) concluded on 19th
December 1862, these Articles were abrogated so far as they relate to
any claims or rights between the British Government and the Tumon-
gong, his heirs or successors.
The following regulations have been established for the trial of
British subjects or persons enjoying British protection within the
territories of the Tumongong : —
1st. That due notice of the confinement of the prisoner, the
offence with which he is charged, and the date of the intended trial, be
given to the Resident Councillor at Singapore, with a view to his
affording the prisoner any necessary aid, and should he deem it advisable,
deputing an Officer of government to watch the proceedings of the trial.
3rd. That a certified copy of the proceedings, with translation,
be forwarded to this government.
3rd. That, in the event of the prisoner being found guilty, the
punishment awarded be not excessive or repugnant to English law.
37 I TREATIES, ENGAGEMENTS, AND SUNNUDS.
MALAYAN No. CXIIL
These arc to certify that a Treaty of friendship, alliance, and mutual support, which
NaCXIII. is to endure for ever, has been entered into between His Highness Datoh
Tumongong Abubakae Sbi Mahabajah Ibini Datoh Tumongong Daing,
Ibbahim Sbi Mahabajah, sovereign of Johore, of the one part, and His
Highness Datoh Bandahaba Ton Kobais Sbi Mahabajah Ibini Rajah
Bandahaba Ton Tahie Sbi Mahabajah of Pahang, of the other part ; both
parties being in perfect accord and consenting in order to regulate the coun-
tries of Pahang and Johore, their boundaries, jurisdictions, and governments,
to prevent disputes hereafter, to strengthen each other, and to perpetuate the
amity existing between them, it is agreed and declared as follows : —
AllTICLE 1.
There shall be perpetual peace and friendship between the parties
to this Treaty and their descendants and the countries of Johore and
Pahang.
Article 2.
Should the country of Johore or any of its dependencies be attacked
by enemies at any time hereafter either from without or within, His
Highness Dato Bandahara Ton Korais Sri Maharajah Ibini Rajah Ban-
dahara Ton Tahir Sri Maharajah of Pahang and his successors shall, with
all speed and with whatever number of followers and materials of war
he may be able to command, hasten to the assistance of His Highness
Datoh Tumongong Abubakar Sri Maharajah Ibini Datoh Tumongong
Daing Ibrahim Sri Maharajah of Johore and his successors, and shall
continue to aid him by all the means in his power until such enemies
shall have been overcome, expelled, or suppressed.
Article 3.
In like manner, should the country of Pahang or any of its depend-
encies be attacked at any time hereafter by enemies either from without
or within, His Highness Datoh Tumongong Abubakar Sri Maharajah
Ibini Datoh Tumongong Daing Ibrahim Sri Maharajah of Johore and
his successors shall, with all speed and with whatever number of followers
and materials of war he may be able to command, hasten to the assist-
ance of His Highness Datoh Bandahara Ton Korais Sri Maharaja^
TREATIES, ENGAGEMENTS, AND SUNNUDS. 375
Ibini Rajah Bandahara Ton Talfir Sri Maharajah of Pahang and his MALAYAN.
successors, and shall continue to aid him by all the means in his power PENINSULA
until such enemies shall have been overcome, expelled, or suppressed. No. CXIII.
Article 4.
Whereas doubts have been expressed by others as to the boundary
between the two countries of Johore and Pahang, it is hereby declared
that the River Endow has been heretofore and shall continue hereafter
to be the boundary on the main land, and that the Island of Pulo Tioman,
and all islands to the south of the latitude of its northern extremity,
are and shall be portions of the territory of Johore, and all islands to the
north of that latitude are and shall be portions of the territory of Pahang.
Article 5.
The subjects of each of the contracting parties shall be entitled to
trade in the territory of the other, and to export or import merchandise,
upon the same terms and with the same privileges as the subjects of
such territory, and neither party nor their respective successors will
impose heavier taxes, imports, or duties at any time hereafter upon the
subjects or goods of subjects of the other than upon his or their own
subjects or the goods of his or their own subjects.
Article 6.
The parties hereto agree that subjects of the British Government
shall be entitled to trade in their respective territories upon the same
terms and with the same privileg-es as the subjects of the said parties
hereto.
Article 7.
The parties hereto agree and declare for themselves and their res-
pective successors that should any dispute or difference arise between
them or their successors at any time hereafter, either with regard to this
Treaty or the matters contained in it, or with regard to any other matter
or thing whatever, whether national, political, or private, the same shall
be and is hereby referred to the friendly mediation and settlement of the
British Government, whose award or decision shall be final and binding-
on both parties.
37G TREATIES, ENGAGEMENTS, AND StINNTDS.
MALAYAN ARTICLE* 8.
PENINSULA ,pjic pgjUgg hereto agree and engage eaeh witli the other and their
No*. C.\ I II Puccessors that neither shall enter into any alliance or maintain any
c oonwpondonoo with any foreign power or potentate whatsoever without
the knowledge and consent of the other and of the said British Govern-
ment.
Bone at Singapore this nineteenth day of Bole Haijah in the Maho-
medan year one thousand two hundred and seventy-eight, corresponding with
the seventeenth day of June in the Christian year one thousand eight hundred
and sixty-two, in presence of the Honourable Colonel Orfeur Cavenagh,
Governor of Prince of Wales' Island, Singapore, and Malacca.
No. CXIV.
Tbeaty entered into between the Honourable Colonel Oefkub Cavenagh, Governor
of Prince of Wales' Island, Singapore, and Malacca, by authority of the Right
Honourable the Governor General of India in Council of the one part, and
His Highness Dato Tumongong Abubakab Sei Mahabajah, sovereign ruler
of Johore, of the other part.
Whereas, by Article sixth of the Treaty of friendship and alliance
between the Honourable the English East India Company on the one side
and their Highnesses the Sultan and Tumongong of Johore on the other,
concluded on the second day of August one thousand eight hundred
and twenty-four, the said East India Company engaged, in the event of
the said Tumongong preferring to reside permanently in any portion of
his own States, and to remove for that purpose from Singapore, to pay
to the said Tumongong, his heirs or successors, the sum of fifteen
thousand Spanish Dollars (15,000), and by Article seventh of the said
Treaty the said Tumongong, in consideration of the said payment, did
thereby relinquish for himself, his heirs and successors, to the Honourable
the English East India Company, their heirs and successors for ever,
all right and title to every description of immovable property, whether
in lands, houses, gardens, orchards, or timber trees, of which His
Highness might be possessed within the Island of Singapore or its
dependencies at the time he might think proper to withdraw from the
TREATIES, ENGAGEMENTS, AND SUNNUDS. 377
said island for the purpose of permanently residing within his own MALAYAN
States. And whereas it has been agreed that, in consideration of His PENINSULA
Highness Dato Tumongong Abubakar Sri Maharajah for himself, his No. CXIV.
heirs and successors, renouncing all right and claim to the payment of
the aforesaid sum of fifteen thousand Spanish Dollars (15,000), and
make over to the British Government certain portions of the lands of
which he is now in possession at Tulloh Blanga in the Island of Singa-
pore, as shown in the plan hereto annexed, comprising the belt of land
from the public road to the sea, bounded on the west by the land occu-
pied by the Patent Slip and Dock Company, and on the east by the land
belonging to the Peninsular and Oriental Steam Navigation Company,
and allowing the said government to take earth from the side of the
hill to the north of Tulloh Blanga Road for the purpose of raising the
low ground so made over to the said government, should the same be
required for that purpose, and also making over to the said government
the right to a carriage road along the eastern boundary of the Peninsular
and Oriental Steam Navigation Company's land from the public road
to the sea, including the use of a suitable landing place, as also the
pieces of land on Mount Faber occupied by the Flag Staff Barracks and
Batteries, and a right of way to the same, the said British Government
shall grant unto His Highness, his heirs, executors, administrators and
assigns, a title, in fee-simple, to the remainder of the lands at Tulloh Blanga
aforesaid in his possession, and that Articles sixth and seventh of the
said Treaty shall in consequence be abrogated and annulled : Now it is
hereby concluded and agreed by and between the parties to this Treaty :—
Article 1.
That His Highness Dato Tumongong Abubakar Sri Maharajah,
for himself, his heirs and successors, doth hereby for ever renounce,
release, and make over unto the British Government all claim and
demand whatsoever to the said sum of fifteen thousand Spanish Dollars.
Article £.
That it is mutually stipulated and agreed between the parties hereto
that Articles sixth and seventh of the aforesaid Treaty, so far as they relate
vol. vn. 3 a
378 TREATIES, ENGAGEMENTS, AND SUNNUDS.
MALAYAN to any claims or rights between the British Government and His Highness
ri.N INSULA Dato Tumongong Abubakar Sri Maharajah, his heirs or successors
No. CXIV. shall be considered as abrogated and annulled by this agreement, an
they are hereby abrogated and annulled accordingly.
Bone and concluded at Singapore the nineteenth day of December in
the year of the Christian era one thousand eight hundred and sixth-two
corresponding with the twenty-eighth day of the month of Jemmadee-
ool-Akhir in the year of the Hegira one thousand two hundred and
seventy-nine.
CIS-SUTLEJ STATES.
(Vol. IL, pages 273—314.)
Mumdote. — The Chief of Mumdote was not brought under British
protection with the other Cis Sutlej States in 1809, but remained a
feudatory of the Lahore Durbar, to whom he furnished a contingent of
one hundred horse. The Mumdote contingent fought on the side of the
Seikh Army during the Sutlej campaign, but towards the close of the
war, the Chief Jemalooddeen deserted to the side of the British and sub-
sequently rendered good service, for which he received the title of Nawab,
and his contingent was reduced to fifty horse in time of peace and
seventy-five in war. No enquiry seems to have been made regarding the
status of the Chief, nor were his relations to the British Government
defined.
The Nawab so grievously misgoverned his State and misused his
powers, that in 1856, after deliberate enquiry, the British Government
declared his sovereign powers to be forfeited for ever, reduced the State
to the position of a mere jaghire, and removed the Nawab to Lahore,
where he continued to receive the surplus revenues of Mumdote after
the expenses of its management by British Officials were defrayed.
In 1863 the Nawab died, and the British Government considered
themselves bound to reviye the fief in the person and family of his
brother Jelalooddeen, who has been recognized as Nawab of Mumdote,
with powers carefully restricted by Sunnud No. CXV.
380
TREATIES, ENGAGEMENTS, AND SUNNUDS.
CIS-situm
STATES.
No. CXV.
No. CXV.
Sunnttd conferring the fief of Mumdote upon Nawab Jelalooddeen.
Having taken into consideration the position of yourself and rela-
tives in consequence of the death of your late brother Nawab Jumalood-
deen, I hereby confer on you the fief of Mumdote and the title of
Nawab, with succession to your male issue, according to the rules of
primogeniture.
This grant is subject to the following conditions : —
Article 1.
You and your successors in the fief must provide a reasonable main-
tenance for your relations, the descendants of yourself and Jumalooddeen.
Article 2.
You will exercise no magisterial authority within the fief, nor will
you interfere in the management of the estate. You will behave properly
to the proprietors and cultivators so far as you may have intercourse
with them.
Article 3.
You will not interfere with the pensions of
Annually.
1. Beclxic Ranee, widow of Kootubooddeen and
mother of Jumalooddeen and Jelalooddeen Rs. 1,200
2. Booboo Taleb, widow of Kootubooddeen, a
stsp-mother of the above ... ... „ 600
3. Parsa Begum, widow of the late Nawab,
and mother of his children ... ... „ 1,200
4. Mussamut Tajan, widow of ditto (lias no
children) ... ... ... ... „ 600
5. Booboo Shah, daughter of Kootubooddeen,
and sister of the late Nawab ...
Total Rs. ...
6. Khan Bahadoor 6,000 (Sons of the late)
7. Mahomed Khan 4,000 ( Nawab ...J
Total ..
1,200
4,800
„ 10,000
Rs. 14,800
the parties named in
the margin, which will
be paid through Offi-
cers of the British
Government, but you
will receive the benefit
of all lapses or reduc-
tions in pensions to the
issue of present incum-
bents which may be
sanctioned by the
Governor General of
India in Council.
treaties, engagements, and sunnuds. 381
Article 4. cis-SUTLEJ
The Government demands on the fief of Mumdote arc fixed at one-
third the income of the estate in lieu of all claim for expenses of manage- No- cxv-
ment, commutation for service, Police charges, and the like, to commence
from the beginning of the next Fusly year.
Article 5.
You will at all times conduct yourself as a good and faithful subject
of the British Crown, and will, when required, render service to the
satisfaction of the British Government.
Be assured that so long as the above conditions are fully and faith-
fully fulfilled, the fief of Mumdote will remain to yourself and your
male issue a perpetual possession.
(Signed) J. Lawrence.
Bated hth December 1864.
1IILIi HILL STATES.
STATFS
{Vol. II., pages 315—354.)
No. CX\ 1.
Bussahir. — In 1864 the Rajah of Bussahir leased (No. CXVI.) the
forests in his State to the British Government for a period of fifty years,
receiving a counter-engagement, which contained a pledge in respect to
the system of forest management to be pursued.
No. CXVI.
The Rajah of Bussahir having found the management of his forests
troublesome, desires to lease them to the British Government for a term
of fifty years, and requests the Superintendent Hill States to submit the
following proposals for the approval of the Punjab government :—
Article 1.
I make over the entire control of the whole forests of Bussahir to
the British Government, who will appoint an English Officer to take
charge of the said forests.
Article 2.
No contractor or other person shall be permitted to cut timber in
any forest of my dominions, except in places and under conditions speci-
fied by the Officer appointed to be Conservator of Forests.
Article 3.
For every tree felled in the forests of Bussahir by authority of the
Conservator, the British Government shall pay at the following rates : —
Deodar (Kelu) ... ■ 3 8 0
Walnut (Akhrot) 2 0 0
Birch (Bhojputea) 1 8 0
Other kinds 2 0 0
treaties, engagements, and sunnuds.
Article 4.
383
The accounts shall be made up quarterly or half-yearly and ren-
dered, and payments made at the above-mentioned rates quarterly or
half-yearly.
Article 5.
I will have nothing to do with the establishments appointed by the
Forest Officer. The British Government will defray all expenses con-
nected with the conservancy of the forests, felling and transporting tim-
ber to the Sutlej, and floating down to the depots.
HILL
STATES.
No. CXVI.
Article 6.
I agree that the Officer appointed to the forest should have power
of a Subordinate Magistrate, 1st Class, defined in Section 23 of Act XXV
1861, to try and decide cases of offences against property and property
marks.
Article 7.
I will give every assistance required by the Conservator in the
exercise of the above powers for apprehending offenders, or supposed
offenders, and for confirming the penalties awarded by him.
Article 8.
I hereby grant to the British Government a lease of the forests
of Bussahir for 50 (fifty) years, commencing from such date as the
government may confirm the lease.
Article 9.
I will furnish an Indent to the government for any timber I may
require, specifying the amount and kinds of wood and the purpose for
which it is to be applied.
Ill 1.1.
STATES.
384 treaties, engagements, and sunnttds.
Article 10.
The Zemindars shall be permitted to cut timber for fuel, charcoal,
No. CXM. housebuilding, and vine frames. They are not to be prohibited from
cutting down the inferior forests for purposes of cultivation.
(Signed) Joalla Doss, Vuzeer.
„ SURJEET, „
futtehram, „
Heeranund, „
Joalla Doss,
goverdhun doss.
Petumber Doss.
(Signed) Sham Shere Sing,
Rajah of Bussahir and
Rampore.
Simla, 28lk June 1864.
In presence of
Lt. Col. R. C. Lawrence, c. b.,
Supdt., Hill States,
and Dr. Cleghorn, m. d.,
Conservator Genl. of Forests.
TRANS SUTLEJ STATES. trans
SUTLEJ
{Vol. II, pages 370—385.) states.
Chumba.— In 1861 the Rajah of Chumba leased (No. CXVII.) all
the forests in his territories to the British Government.
Bughat. — By the Sunnud granted to the Chief of Bughat on 31st
January 1862,* the tribute of Rupees 2,000 was secured by reserving lands
yielding a gross rental of Rupees 2,500, including the estates of General
Innes. The family, however, complained of the total loss of vassalage and
cesses to which they were subjected by this arrangement ; and as General
Innes engaged to pay the revenue on his estates, viz., Rupees 1,002-15,
without cost to government, the British Government consented to retain
only those estates and to restore the other lands to Bughat, receiving the
balance of the tribute, Rupees 997-1, in money. These new arrange-
ments were embodied in a fresh Sunnud (No. CXVIII.) dated 18th July
1864, in which also an additional clause was inserted, binding the Chief
to respect the revenue settlements made and the rights of the under-
tenants recognized while the estate was under British administration.
No. CXVII.
Draft of an Agreement for the lease of the Chumba Forests.
The Rajah of Chumba finding great difficulty in arranging for the
preservation of the forests in his territory has requested the aid of the
British Government and has agreed to give to the British Officer whom
the government may appoint for this purpose the sole control of the
forests in the territory of Chumba. To give effect, therefore, to the
wishes of the Rajah, the following arrangements are agreed to by the
Rajah of Chumba on the one hand and by and on behalf of the British
Government on the other hand : —
Article 1.
The sole control of all forests in the territory of Chumba is vested
in the British Government, who shall appoint an Officer to be Conserv-
ator of the same.
* See Vol. I., page 347.
vol. vii. 3 b
386 TREATIES, ENGAGEMENTS., AND SUNNUDS.
TRANS AKTICLE 2.
SUTLEJ
STATES.
No. CXVII.
Tlie British. Government shall he at liberty to place under strict
conservancy management such forest tracts as it shall from time to time
select, and to lay down such general rules as it thinks proper for the
control of all forests.
Article 3.
Such exemption from these rules shall be granted, or such other
arrangements shall be made as shall be necessary to prevent interference
with any acknowledged or established rights of the inhabitants of
Chumba to cut wood for their own use.
Article 4.
No contractor or other person shall be allowed to cut timber in any
of the forests within the Rajah's territories, except with the express
permission of the Conservator, and on the rates and under the conditions
fixed by him.
Article 5.
For every Deodar (Kelu) true felled on the Chenab and its tribu-
taries and within the Chumba territory by authority of the Conservator,
the British Government shall pay to the Rajah of Chumba four (4) Ru-
pees, and on the Ravee and its tributaries for each Deodar (Kelu) five (5)
Rupees, and for other trees as follows : —
Akhrot Walnut three (3) Rupees per tree.
Boorj Birch one Rupee eight annas (1-8-0) per tree.
Susoon Ash and all other descriptions, including inferior sorts of
pine, two (2) Rupees.
The above rates shall be understood to refer to trees above six (6)
feet in girth, measured at man's height from the ground ; for trees of a
similar size half rates shall be paid.
Out of this sum one (1) Rupee per tree is to be set aside for conser-
vancy purposes, of which the following is to be considered a detail : —
I. — Planting trees, fencing in young plantations, and arboriculture
generally.
STATES.
No. CXVII.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 387
II. — For local -daks. TRANS
The expenditure for such conservancy to be entirely under the con- SUTLEJ
trol of the Conservator, and that of the daks under the Rajah's agency.
III. — The balance from this fund after paying expenses as above to
be divided evenly between the Forest Department and the Rajah, and to
be expended at the description of each on the construction and improve-
ment of roads and communication generally.
IV. — That for each of the two official years, namely, 1864-65 and
1865-66, the Rajah will receive from the Conservator of Forests the sum
of Rupees one thousand (Rupees 1,000) in lieu of all his claims to waif tim-
bers on the Ravee within his territories, and that after that period and
during the currency of this lease he will receive five hundred (Rupees 500)
per annum on this account, all such timber becoming from date of said
lease the property of the British Government.
Article 6.
The accounts shall be made up half-yearly to 30th April and
31st of October, and shall be rendered to the Rajah, and the payments
made at the above-mentioned rates half-yearly in the months of May
and November.
Article 7.
The British Government shall manage the Chumba forests in
accordance with the general system of forest management which may be
in force for similar forests within the territories of the British Govern-
ment, and for the preservation of the same shall maintain such estab-
lishments as it shall consider suitable in each case. The British Govern-
ment will defray all the expenses of these establishments connected with
the conservancy of forests except as provided for in paragraph 5, Clauses
2 and 3.
Article 8.
The British Government, or the contractors employed by it, will
defray all expenses of felling and transporting the timber, and they shall
be at liberty to dispose of it by sale or otherwise at their pleasure, subject
to no other claim from the Rajah than the payments referred to in
388 TREATIES, ENGAGEMENTS, AND SUNNUDS.
TRANS paragraph 5 of the present Agreement ; and it is distinctly understood
KJ that any former or customary charge on the employes of the British
STATES. Qovernment^ such as " Dulalee," &c, is now abolished.
No-CXVII.
Article 9.
All timber passing down the Rivers Chenab and Ravee across the
boundary of the Chumba territory, unless covered by a pass from the
Conservator and duly marked in the manner described in the pass, shall
be presumed to be the property of the British Government, and may be
taken possession of as such by the Conservator or his Agents, and the
onus of proving the timber to belong to any other person shall rest upon
such person.
Article 10.
The Conservator shall be authorized to exercise within the Chumba
territory the powers of a Subordinate Magistrate of the 1st Class, as
described in Act XXV of 1861, for the trial of offences against property,
and relating to property marks, mischief, assaults and contravention of
such forest rules as may from time to time be in force in the territories
under the government of the Punjab.
Article 11.
The Rajah engages to render every aid required by the Conservator
in the exercise of the above powers for apprehending offenders or sup-
posed offenders and for enforcing the penalties awarded by him.
Article 12.
This agreement shall continue in force for a period of twenty (20)
years from the 1st of May 1864, but on the expiry of that term shall
be renewable at the pleasure of the British Government for a further
period of (20) twenty years, and shall then be again renewable in like
manner until the term of ninety-nine (99) years from the original date
(1st May 1864) shall have expired. At the expiry of that period it
shall be at the option of the Rajah to renounce the agreement or enter
into a fresh one.
TREATIES, ENGAGEMENTS, AND SUNNUDS. 389
Provided that any revision or modification of the rates and mode TRANS
of payment described in Clauses 5, 6 and 13 that shall be agreed to by SUTLEJ
^sY A T 1? CS
both contracting parties may take place at any time without affecting , 1.
the continuance of the agreement or any of its provisions. No# CXVI1-
Article 13.
In order to secure to the Rajah a fixed moderate income from
his forests, the British Government agree that a minimum payment of
Rupees twenty thousand (Rupees 20,000) per annum be fixed, and that
in the event of its not cutting wood to that amount in any year, the
Rajah will still receive from the said government this sum as rent, and
in event of the value of annual cutting being in excess of twenty
thousand (Rupees 20,000) the British Government agree to pay amount
at the rates fixed and as in this lease.
Executed this the tenth (10^) day of September 1864 (eighteen
hundred and sixty four) , 27 th Badon 1921, at Dalhousie , in presence of
the undersigned.
(Signed) C. V. Jenkins, Asst. Commr., .
Offg. Supdt. of Chumba State.
Signature of Rajah fixed in my presence.
(Signed) Edward Prinsep, Settlement Commr.
(Signed) George McAndrew, Major,
Depy. Inspr. Genl. of Police.
Certified that the word additional, and as noted in the terms of this
lease and in paragraph 13, having been erroneously entered in this and
13th para, of this lease, is hereby erased by me and altered as above,
and in compliance with docket memo. No. 3761, Public Works Depart-
ment, dated 19th November 1864, Lahore.
Chumba,
November llnd, 1864.
(Signed) C V. Jenkins, Asst. Commr.,
Offg. Supdt. of Chumba.
)
390 TREATIES, ENGAGEMENTS, AND SUNNUDS.
TRANS No. CXVIIL
SI'TLEJ
Sunnud granted to Dulekp Sing, of Bughat.
STATES.
« cxviii ®n *ne death of Beejah Sing, the last Chief of Bughat, without
issue, the estate lapsed to the British Government. It was, however,
the gracious intention of Her Majesty's Government to restore the
estate in perpetuity to Sirdar Oomeid Sing, cousin of Beejah Sing, and
his descendants, on certain conditions. Oomeid Sing died before this
intention could he fulfilled, and I now hereby confer on you his legiti-
mate son, and on the heirs of your body in perpetuity, the estate of
Bughat, subject to the following conditions : —
Article 1.
The estate of Bughat shall be chargeable with an annual tributa
of Rupees 2,000.
Article 2.
So much of the estate of Bughat as has been acquired by Major
General Innes and is assessed at Rupees 1,002-15 a year shall be retained
in perpetuity by the British Government in payment of so much of the
tribute, and the remainder of the tribute, viz., Us. 997-1, shall be annually
paid by the Chief of Bughat in cash to the British Government.
Article 3.
The Chief of Bughat shall respect the revenue settlements which
were made, and the rights of the under-tenants which were re-
cognized, by the British Government while the estate of Bughat was
under its administration.
Be assured that so long as you and your successors remain loyal to
the British Crown and faithful in the discharge of your obligations to
the British Government, the estate of Bughat shall remain to your House
a perpetual possession.
(Signed) John Lawrence.
Bated \Uh July 1864.
No. CXIX.
SINDIA. • SINDIA.
{Vol. IV. , pages 199—280.)
After the capture of Gwalior by the force under Sir Hugh Rose
in 1858, the fort of Gwalior continued to be occupied by British troops.
During the negotiations, however, which ended in the Treaty of 12 th
December 1860, Lord Canning promised that the fort should be restored
to Sindia, when this could with safety be done. This promise was
repeated to Sindia by Lord Elgin. Its fulfilment depended on the
withdrawal of the British force from Morar to some more eligible sta-
tion, which was at that time contemplated. It was finally decided in
1864 that the cantonment of Morar should be maintained, and it there-
fore became necessary that the Gwalior fort should continue to be gar-
risoned by British troops. Sindia agreed (No. CXIX.) to give up his
right to the restoration of the fort on receiving an increase of twelve guns
to his Artillery, and on condition that his flag should fly on the ramparts
of the fort ; that he should be saluted from its guns ; and that if at any
time the British Government should withdraw from its occupation, he
should be allowed to occupy it with his own troops. The documents
recording these arrangements, viz., Sindia's letter of 29th March, and
the Governor General's letters of 12th April and 21st December 1864,
which modify the ninth Article of the Treaty of 1860, are held to
constitute supplementary Articles of that Treaty.
No. CXIX.
Translation of a Khttbeeta from His Highness Maharajah Sindia, k. s. i.„ to
the address of His Excellency the Right Honourable Sir John Lawrence,
<j. c. b., k. 8. i., Viceroy and Governor General of Iudia, dated 29th March
1864.
After the usual compliments. — Your friend has become aware that
your Excellency would wish to continue the occupation of the fortress
of Gwalior by a British garrison in the event of the maintenance of
the Morar cantonment as the Head Quarters of the subsidiary force,
TREATIES, ENGAGEMENTS, AND SUNNUDS.
SINDIA. and thai, with reference to intimation given to your sincere friend by
No CXIX~ Lords Canning- and Elgin, the late Viceroys and Governors General, that
the fort should be made over to your affectionate friend, notwithstand-
ing these assurances, it is the free wish of my heart, and I hereby convey
my written and formal consent to the occupation of the fort of Gwalior by
British troops as long as the Government of India may deem such to be
advisable, on the condition that my flag continues to fly from the ram-
parts, and I am saluted from its guns according to established custom.
That should the Government of India at any time and for any rea-
son or cause decide on withdrawing the garrison of British troops, in
such case the fort would be occupied by myself in such force as is
deemed sufficient for its security.
That with reference to this subject, I have requested Major Meade
Agent Governor General, and Major Hutchinson, the Political Agent,
to submit certain requests to your Excellency, which I hope may meet
with favorable consideration.
May I always be considered a well-wisher, and occasionally be fa-
vored with accounts of your Excellency's welfare.
To the Maharajah of Gwaliob.
My honoured and valued Friend, — I have received with pleasure
your Highnesses friendly letter, dated 29th March 1864, conveying, on
certain conditions, your written and formal consent to the occupation of
the fort of Gwalior by British troops as long as the Government of
India may deem such to be advisable.
I aoree to these conditions, viz., 1st, that your Highness' flag shall
continue to fly from the ramparts of the fort, and that your Highness
will be saluted from its guns according to established custom ; Znd, that
if the Government of India should at any time and for any reason or
cause decide on withdrawing the garrison of British troops from the
fort, in such case the fort will be occupied by your Highness' troops in
such force as may be deemed sufficient for its security.
In consideration of your Highness having consented to the above
arrangement and of the friendship which the British Government enter-
tatains for you, I, provided it be decided to retain the British troops
TREATIES, ENGAGEMENTS, AND SUNNUDS. 393
at Morar, will agree to modify the ninth Article of the Treaty concluded SINDIA.
with your Highness on 12th December I860, so far as to increase the n0. CXIX.
number of guns which your Highness is permitted to possess, from
thirty-six (36), which is the number fixed in Article nine of the above
Treaty, to forty-eight (48).
Fort William, Your Highness' Sincere Friend,
The lZtA April 1864. J (Signed) J. Lawrence.
To the Mahabajah of Gwalioe.
My honoured and valued Friend, — I regret that it has not been in
my power to convey to you sooner a definite decision on the subject of
the fort of Gwalior. As I have now resolved to maintain a cantonment
at Morar, and definitely to accept your Highness' offer of the retention of
the fort of Gwalior by British troops, I hasten to fulfil the promise made
to you in my letter of 12th April, and to inform you that I consent to
modify the ninth Article of the Treaty concluded at Benares on 12 th
December 1860, which shall in future be read as follows : —
Article 9.
" The Military force of all arms hereafter to be maintained by His
Highness shall at no time exceed —
" Artillery. — Forty-eight (48) guns, with four hundred and eighty
(480) gunners/' /
11 Infantry.— Five thousand (5,000) drilled Soldiers."
" Cavalry. — Six thousand Sowars."
I have directed that two complete 9-pounder batteries shall be
given to your Highness from the Agra Magazine.
Fort William, Your Highness' Sincere Friend,
The %\st December 1864. J (Signed) J. Lawrence.
vol. VII. 2 c
APPENDIX.
APPENDIX.
11 and 12 Vic, Cap. CXXFIIL
An Act for carrying into effect the Agreement between Her Majesty and the MUSCAT
Irnaum of Muscat for the more effectual suppression of the Slave Trade, dated
15th September 1848.
Whereas on the second day of October, in the year of our Lord one
thousand eight hundred and forty- five, an agreement was concluded and
signed at Zanzibar between Captain Atkins Hamerton, of Her Majesty's
Royal Navy, on behalf of Her Majesty the Queen of the United King-
dom of Great Britain and Ireland, and His Highness Seid Saeed Bin
Sultan, the Imaum of Muscat, whereby it was agreed as follows : —
Article 1.
His Highness the Sultan of Muscat hereby engages to prohibit,
under the severest penalties, the export of slaves from his African domi-
nions, and to issue orders to his Officers to prevent and suppress such
trade.
Article 2.
His Highness the Sultan of Muscat further engages to prohibit,
under the severest penalties, the importation of slaves from any part of
Africa into his possessions in Asia, and to use his utmost influence with
all the Chiefs of Arabia, the Red Sea, and the Persian Gulf, in like
manner, to prevent the introduction of slaves from Africa into their res-
pective territories.
Article 3.
His Highness the Sultan of Muscat grants to the ships of Her
Majesty's Navy, as well as those of the East India Company, permission
to seize and confiscate any vessels the property of His Highness or of
his subjects carrying on slave trade, excepting such only as are engaged
in the transport of slaves from one port to another of his own dominions
iv APPENDIX.
MUSCAT, in Africa, between the port of Lamoo to the north and its depen-
"" dencies, the northern limit of which is the north point of Knyhoo
Island in 1°57' south latitu4e, and the port of Keelwa to the south and
its dependencies, the southern limit of which is the Songa Manara or
Pagoda Point in 9°2' south latitude, including the Islands of Zanzibar,
Pemba, and Monfea.
Aeticle 4.
This agreement to commence and have effect from the first day of
January one thousand eight hundred and forty-seven of the year of
Christ, and the fifteenth day of the month of Mohurrum one thousand
two hundred and sixty-three of the Hegira.
Done at Zanzibar this second day of October, one thousand eight
hundred and forty -five of the year of Christ, and twenty -nine day of
Rumzan one thousand two hundred and sixty-one of the Hegira.
(Signed) Seid Saeed Bin Sultan,
Imaum of Muscat.
(Signed) Atkins Hameeton, Captain,
On behalf of Her Majesty the Queen of Great
Britain and Ireland, Her Heirs and Successors.
And whereas it is expedient and necessary that effectual provision
should be made for carrying into execution the provisions of the said
agreement: be it therefore enacted by the Queen's most excellent Majesty,
by and with the advice and consent of the Lords spiritual and temporal
and Commons in this present Parliament assembled, and by the authority
Power to Commander, of of the same> tliat {t sha11 be lawful foj the
drips of war and of the East Commander and other Officers of Her Ma-
India Company to visit vessels . ,,. n ».»*»_*. <r a;
belonging to subjects of the Im- jesty s ships of war or of the East India
aum of Muscat, within certain n , • •, j j • • •
limits, suspected of being en- Company to visit and detain in any seas,
gaged in the slave trade. except within the limits exempted by the
terms of the third Article of the said agreement, any merchant vessel
belonging to the subjects of the Imaum of Muscat whjch shall upon
reasonable grounds be suspected of being engaged in the export of
APPENDIX. V
slaves from the African dominions of the Imaum of Muscat, or the im- MUSCAT,
portation of slaves from any part of Africa into his possessions in Asia,
excepting such only as are engaged in the transport of slaves from one
port to another of his own dominions in Africa, between the port of
Lamoo to the north and its dependencies, the northern limit of which is
the north point of Knyhoo Island in 1°57' south latitude, and the port
of Keelwa to the south and its dependencies, the southern limit of
which is the Songa Manara or Pagoda Point in 9°2' south latitude, in-
cluding the Islands of Zanzibar, Pemba, and Monfea, or any vessel fitted
out for that purpose, and to send or carry away such vessel, together
with its masters, sailors, passengers, slaves, and cargo, for the purpose of
such vessel being brought to adjudication as hereinafter mentioned.
II. And be it enacted, that it shall be lawful for the High Court of
As to the trial of vessels en- Admiralty of England, and for all Courts of
gaged in the slave trade. Vice- Admiralty in any dominions of Her Ma-
jesty beyond the seas, including those Courts of Vice-Admiralty within the
territories under the government of the East India Company, to take cog-
nizance of and tiy any such vessel which shall be detained or captured for
the violation of the said agreement, and to condemn any such vessel to
Her Majesty, and adjudge as to the slaves found therein, in like manner, #
and under such and the like rules and regulations as are contained in
any Act or Acts of Parliament in force in relation to the suppression of
the slave trade by British owned ships, as fully as if all the powers and
provisions contained in such Acts were re-enacted in this Act as to such
High Court of Admiralty or Courts of Vice- Admiralty.
III. And be it enacted that every person who shall wilfully and
Persons giving false evidence corruptly give false evidence in any examina-
deemed guilty of perjury. ^ion or deposition had or affidavit taken in
any proceeding under the said agreement or under this Act shall be
deemed guilty of perjury, and being thereof convicted shall be subject
and liable to all the punishments, pains, and penalties to which persons of
wilful and corrupt perjury are liable, and every such person may be tried
for any such perjury either in the place where the offence was com-
mitted or in any colony or settlement of Her Majesty near thereto in
which there is a Court of competent jurisdiction to tiy any such offence,
M
APrENDIX.
MUSCAT, or in Her Majesty's Court of Queen's Bench in England ; and that in
~~ case of any prosecution for such offence in Her Majesty's said Court of
Queen's Bench the venue may be laid in the County of Middlesex.
IV. And be it enacted, that the dependency of any suit or proceed-
ing instituted for the condemnation or resti-
toPand;p7oc°cfer„S ^ute" tuti°n °f «* ^ 0T ^ °T ^^ ****>
for the recovery of the vessels seized, or detained by virtue of the said
agreement, or the final adjudication, con-
demnation, or judgment or determination thereupon, may be pleaded in bar
or given in evidence under the general issue, and shall be deemed in any
Court whatever to be a complete bar in any action, suit, or proceeding,
whether instituted by any person or persons for the recovery of any such
ship, vessel, or cargo, or of any damage or for any injury sustained
thereby or by the persons on board the same, in consequence of any cap-
ture, seizure, or detention, or any thing done under, or in pursuance
of, the provisions of the said agreement.
V. And be it enacted, that any ship or vessel which shall be con-
,T , , , . , , , demned as aforesaid may be taken into Her
Vessels condemned to he sold ] J
for Her Majesty's service, or Majesty's service, upon payment of such sum
as the Lord High Admiral or the Lords
Commissioners of the Admiralty shall deem a proper price for the same,
or if not so taken, shall be broken up and demolished, and the materials
thereof shall be publicly sold in separate parts, and the proceeds thereof
shall be paid to such person or persons as the Commissioners of Her Ma-
jesty's Treasury may appoint to receive the same.
VI. And be it enacted, that where any ship or vessel employed or
engaged in such illicit traffic in slaves, in
Captors of vessels shall, after • i *.• p n. -j _ ± iiik
the same are condemned, he en- violation of the said agreement, shall be
titled to the proceeds belong- seized by any ship or vessel belonging to
ing to Her Majesty. jjr o o
Her Majesty or the East India Company
and afterwards condemned, there shall be paid to the captors the net pro-
ceeds to which Her Majesty is entitled, the same to be distributed in the
manner hereinafter directed for the distribution of bounties on slaves
taken on board the said vessels.
APPENDIX. Vll
VII. And be it enacted, that there shall be paid to the Commander, MUSCAT.
Officers, and crews of Her Majesty's ships,
A bounty of £5 for every ' J / 1 »
slave found on board of vessels or the Commander, Officers, and crews of
seized and condemned. ^ ghips of the Eagt India Company, a
bounty of five pounds for every man, woman, and child slave seized and
found on board any ship or vessel, taken and condemned in pursuance
of the provisions of the said agreement and of this Act ; such bounty to
be issued and paid by order from the Commissioners of Her Majesty's
Treasury, and to be distributed to and amongst the captors aforesaid in
such manner and proportions as Her Majesty shall think fit to order by
any order in Council, made or to be made, or by any proclamation for
that purpose.
VIII. And be it enacted, that where any ship or vessel which shall
have been seized and condemned under the
A bounty to be paid on ton- . . ,1111
nage of slave sbips captured and provisions ot the said agreement shall have
dcmolisbed. ^ecn ^r g^^ ^Q demolished, and the materials
thereof publicly sold in separate parts, as well as her cargo, there shall
be paid to the Commanders, Officers, and crews of Her Majesty's ships,
or of those of the East India Company, in addition to the amount of
the proceeds of such sale as hereinfore mentioned, a further bounty on
the tonnage of such ship or vessel at the rate of thirty shillings for
every ton of such tonnage.
IX. And be it enacted, that where any ship or vessel having no
Where no slaves are on board slaves on board shall have been seized and
a ship seized and condemned an con(iemned under the provisions of the said
additional bounty to be paid on r
tonnage. agreement, there shall be paid to the Com-
manders, Officers, and crews of Her Majesty's ships, or those of the East
India Company, an additional bounty upon the tonnage of such ship
or vessel at the rate of four pounds for every ton, and the tonnage of all
such vessels shall be ascertained according to the mode of ascertaining
the admeasurement of British vessels, either by the principal Officer
of the customs at the port where the vessel may be at the time of con-
demnation, or in default thereof by the best evidence which can be
obtained: provided always, that in every case in which any ship or
vessel shall be seized with slaves on board in which the bounty calculated
viii APPENDIX.
MUSCAT, upon the number of slaves shall be less than the bounty calculated upon
" the tonnage, the Commanders of Her Majesty's ships, or of those of the
East India Company making the seizure, may elect to take the bounty
calculated according to tonnage, instead of the bounty which would be
payable upon the number of slaves on board.
X. And be it enacted, that all bounties payable under this Act
Bounties to be paid out of sna11 De Pai(l out of tne Consolidated Fund
the Consolidated Fund. of the United Kingdom of Great Britain
and Ireland to the Commanders, Officers, and crews of Her Majesty's
ships, and of the ships of the East India Company, and such bounties
shall be issued and paid by order from the Commissioners of Her
Majesty's Treasury.
XI. And be it enacted, that the said bounty, as also all bounties
Bounties not liable to pay- payable under any of the Acts for the aboli-
ment of fees. ^ion or suppression of the slave trade, shall
not hereafter be charged with Treasury fees or Exchequer fees of any
description.
XII. Provided always, and be it enacted, that in order to entitle
Captors entitled to bounty to tne captors to receive the said bounty money,
give proof of tonnage. fl^ tonnage of the ship or vessel so seized
and condemned shall be proved to the Commissioners of Her Majesty's
Treasury by producing a copy, duly certified, of the sentence or decree
of condemnation, or by such documentary or other evidence as they may
deem satisfactory.
XIII. Provided always, and be it enacted, that in order to entitle
_ . the captors to receive the said bounty monev
Copy of sentence of con- j j
dcmnation to be produced to on slaves, the number of men, women, and
reasury. children so taken, delivered over, and con-
demned, shall be proved to the Commissioners of Her Majesty's Treasury
by producing a copy, duly certified, of the sentence or decree of con-
demnation, and also a certificate under the hand of the proper Officer
or Officers, Military or Civil, who may be appointed to receive such
slaves.
• APPENDIX. IX
XIV. And be it enacted, that where any slaves, or persons treated MUSCAT.
as slaves, shall be seized on board any ship
In certain cases Treasury-
may order one moiety of the or vessel taken and condemned in pursuance
ep of the said agreement and of this Act,
but who shall not have been delivered over in consequence of death, sick-
ness, or other inevitable circumstance, it shall be lawful for the said
Commissioners of Her Majesty's Treasury, if to their discretion it shall
seem meet, to direct payment of one moiety of the bounty which would
have been due in each case respectively if the said slaves had been
delivered over.
XV. Provided also, and be it enacted, that any party or parties
„ . ... , -^ claiming any benefit by way of bounty
Parties claiming benefit ° J .
under this Act may resort to under the provisions of this Act, or of any
the Court of Admiralty. . ' ,, , _ , _
share of the proceeds ot any vessel co uns-
eated in pursuance of the provisions of the aforesaid agreement, may
resort to the High Court of Admiralty for the purpose of obtaining
the judgment of the said Court in that behalf, and that it shall be lawful
for the Judge of the said High Court of Admiralty to determine thereon
and also to hear and determine any question of joint capture which may
arise upon any seizure made in pursuance of this Act, and also to enforce
any decrees or sentences of the said Vice- Admiralty Courts relating to
any such seizure.
XVI. And be it enacted, that all the provisions, rules, regulations
forfeitures, and penalties respecting the
■Regulations and penalties to-,,. i ■*% • * *._ .m p
which Prize Agents Tare liable, delivery by Prize Agents of accounts for
extended to bounties, &c, under exammati0n and the distribution of prize
this Act. . ■ .
money, and the accounting for and paying
over the proceeds of prize and the percentage due thereon to Greenwich
Hospital, shall be extended to all bounties and proceeds to be distributed
under the provisions of this Act to the Officers and crews of any of
Her Majesty's ships and vessels of war.
XVII. And be it enacted, that where any ship or vessel belonging
„, , in whole or in part to subjects of the Imaum,
Treasury may order payment * " '
of costs awarded for vessels de- of Muscat shall have been detained and
taincd, but not condemned. T ,, J- j- *• i r\a* n
brought to adjudication by any Officers of
X APPENDIX.
MUSCAT. Her Majesty the Queen of Great Britain and Ireland, or of those of the
East India Company, and the said ship shall be restored by sentence of
the Court, it shall be lawful for the Commissioners of Her Majesty's
Treasury, by warrant signed by any three or more of them, to direct
payment to be made out of the Consolidated Fund of the United King-
dom of Great Britain and Ireland of any cost or damages which may
be duly awarded ; provided always that nothing herein contained shall
exempt such Officer from his liability to make good the payments so
made when lawfully called upon either by the parties interested therein,
or by order of the said Commissioners of Her Majesty's Treasury.
XVIII. And be it enacted, that when any seizure shall be made by
any of the Commanders, Officers, and Crews
Jr^Tl^io* c£ of Her Majesty's ships or of those of the East
demned the expenses incurred India Company and judgment shall be given
by him. . .
against the seizor, or when such seizure shall
be relinquished by him, it shall be lawful for the said Commissioners of
Her Majesty's Treasury, if to their discretion it shall seem meet, by
warrant signed by any three or more of them, to direct payment to be
made out of the Consolidated Fund of the United Kingdom of Great
Britain and Ireland of such costs and expenses as the seizor may have
incurred in respect of such seizure, or any proportional part thereof.
1G and 17 Vic, Cap. XVI.
An A.ct for carrying into effect the Engagement between Her Majesty and Sted
Syf bin Hamood, the Chief of Sohar, in Arabia, for the more effectual suppres-
sion of the Slave Trade, dated 9th May 1853.
Whereas on the twenty-second day of May, in the year of our Lord
one thousand eight hundred and forty-nine, an engagement was concluded
between Major Hennell, the Resident in the Persian Gulf, on behalf
of Her Majesty the Queen of the United Kingdom of Great Britain
and Ireland, and Syed Syf Bin Hamood, Chief of Sohar, in Arabia,
whereby it was agreed as follows : —
" I, Syed Syf Bin Hamood, Chief of Sohar, with a view to strengthen
the bonds of friendship existing between me and the British Govern-
ment, do hereby engage to prohibit the exportation of slaves from the
coasts of Africa and elsewhere on board of my vessels and those
belonging to my subjects or dependants ; such prohibition to take effect
from the twenty-ninth Rujjub one thousand two hundred and sixty-
five, or the twenty-first day of June a. d. one thousand eight hundred
and forty-nine.
" And I do further consent, that whenever the cruizers of the
British Government fall in with any of my vessels, or those belonging to
my subjects or dependants, suspected of being engaged in the slave
trade, they may detain and search them, and in case of their finding that
any of the vessels aforesaid have violated this engagement, by the expor-
tation of slaves from the coasts of Africa or elsewhere, upon any pre-
text whatever, they (the government cruizers) shall seize and confiscate
the same."
And whereas it is expedient that effectual provision should be made
for carrying into execution the provisions of the said agreement, be it
therefore enacted by the Queen's most excellent Majesty, by and with the
advice and consent of the Lords spiritual and temporal and Commons in
this present Parliament assembled, and by the authority of the same —
SOHAR.
xii APrENDIX.
SOHAR. j "pij^ ft shall be lawful for the Commanders and other Officers
of Her Majesty's ships of war, or of the
Power for Commanders of _ . T ... ~ . ... - - , . .
ships of war, &c, to visit, &c, East India Company, to visit and detain, m
Teasels belonging to the Chief of vesgel belonging to Syed Syf
Sonar, or of Ins subjects, bus- J * J .00 j j
looted of being engaged in the Bin Hamood, the Chief of Sohar, in Arabia,
or to any of his subject or dependants, which
shall upon reasonable grounds be suspected of being engaged in the traffic
in slaves, or having been fitted out for that purpose, and to send or carry
away such vessel, together with its master, sailors, passengers, slaves
and cargo, for the purpose of such vessel being brought to adjudication
as hereinafter mentioned.
II. It shall be lawful for the High Court of Admiralty of Eng-
land, and for all Courts of Vice- Admiralty in
As to the trial and condemna- # , »«•■»«••
tion of vessels engaged in the any dominions of Her Majesty beyond the
seas, including those Courts of Vice-Ad-
miralty within the territories under the Government of the East India
Company, to take cognizance of and try any such "vessel which shall be
detained or captured for the violation of the said agreement, and to
condemn any such vessel to Her Majesty, and adjudge as to the slaves
found therein, in like manner, and under such and the like rules and
regulations as are contained in any Act or Acts of Parliament in force
in relation to the suppression of the slave trade by British owned ships,
as fully as if all the powers and provisions contained in such Acts were
re-enacted in this Act as to such High Court of Admiralty or Courts of
Vice- Admiralty.
III. Every person who shall wilfully and corruptly give false
Persons giving false evidence evidence in any examination or deposition
deemed guilty of perjury. had Qr affidavit taken in any proceeding
under the said engagement or this Act shall be deemed guilty of per-
jury, and being thereof convicted shall be subject and liable to all the
punishments, pains, and penalties to which persons convicted of wilful
, . ... and corrupt penury are liable : and every such
In case of prosecution in *■ * * i J
England, venue may be laid in person may be tried for any such perjury,
either in the place where the offence was
committed, or in any colony or settlement of Her Majesty near thereto
APPENDIX. Xlll
in which there is a Court of competent jurisdiction to try any such SOHAR.
offence, or in Her Majesty's Court of Queen's Bench in England, and ~
that in case of any prosecution for such offence in Her Majesty's said
Court of Queen's Bench, the venue may be laid in the County of Mid-
dlesex.
IV. The pendency of any suit or proceeding instituted for the
. Pendency of suits to be a bar condemnation or restitution of any ship or
t^r!:^ry7\CtZt «*&• °r sI»™s> <■*», seized, or detained
detained. by virtue of the said agreement, or the final
adjudication, condemnation, or judgment or determination thereupon,
may be pleaded in bar or given in evidence under the general issue, and
shall be deemed in any Court whatever to be a complete bar in any
action, suit, or proceeding, whether instituted by any person or persons
for the recovery of any such ship, vessel, or cargo, or of any damage or
for any injury sustained thereby, or by the persons on board the same,
in consequence of any capture, seizure, or detention, or any thing done
under, or in purstiance of, the provisions of the said agreement.
V. Any ship or vessel which shall be condemned as aforesaid may
„ be taken into Her Maiestv's service, upon
vessels condemned to be J .
sold for Her Majesty's service payment of such sum as the Lord High
Admiral, or the Lords Commissioners of the
Admiralty, shall deem a proper price for the same, or if not so taken,
shall be broken up and demolished, and the materials thereof shall be
publicly sold in separate parts, and the proceeds thereof shall be paid
to such person or persons as the Commissioners of Her Majesty's Trea-
sury may appoint to receive the same.
VI. Where any ship or vessel employed or engaged in such illicit
Captors of vessels shall, after traffic in slaves, in violation of the said agree-
the same are condemned, be ment ^^ j>e seize(J ty any ship or vessel
entitled to the proceeds belong- * j j r
ingto Her Majesty. belonging to Her Majesty or the East India
Company and afterwards condemned, there shall be paid to the captors
the net proceeds to which Her Majesty is entitled, the same to be dis-
tributed in the manner hereinafter directed for the distribution of
bounties on slaves taken on board the said vessels.
Xiv APPENDIX.
BORAS. VII. There shall be paid to the Commanders, Officers, and crews
of Her Majesty's ships, or the Commanders,
Tajmcnt^unty for slaves officers, and crews of the ships of the East
India Company, a bounty of five pounds
for every man, woman, and child slave seized and found on board any
ship or vessel taken and condemned in pursuance of the provisions of the
Mid agreement and of this Act; such bounty to be issued and paid
by order from the Commissioners of Her Majesty's Treasury, and to be
distributed to and amongst the captors aforesaid in such manner and
proportions as Her Majesty shall think fit to order by any order in
Council made or to be made, or by any proclamation for that purpose.
VIII. Where any ship or vessel which shall have been seized and
condemned under the provisions of the said
Additional bounty on tonnage f
of slave ships captured and de- agreement shall have been or shall be demo-
lished, and the materials thereof publicly
sold in separate parts, as well as her cargo, there shall be paid to the
Commanders, Officers, and crews of Her Majesty's ships, or of those
of the East India Company, in addition to the amount of the proceeds
of such sale as hereinbefore mentioned, a further bounty on the tonnage
of such ship or vessel at the rate of thirty shillings for every ton of such
tonnage.
IX. Where any ship or vessel having no slaves on board shall
have been seized and condemned under the
Where no slaves are on board • • » , i • -i , ,,
a ship seized and condemned, an provisions of the said agreement, there
addition^ bounty on tonnage snar| ]jC pai(i to the Commanders, Officers,
to be paid. * * . r
and crews of Her Majesty's ships, or those
of the East India Company, an additional bounty upon the tonnage of
such ship or vessel at the rate of four pounds for every ton ; and the
tonnage of all such vessels shall be ascertained according to the mode of
ascertaining the admeasurement of British vessels, either by the principal
Officer of the Customs at the port where the vessel may be at the time
of condemnation, or, in default thereof, by the best evidence which can
be obtained : provided always, that in every case in which any ship or
vessel shall be seized with slaves on board, in which the bounty calculated
upon the number of slaves shall be less than the bounty calculated upon
APPENDIX. XV
the tonnage, the Commanders of Jler Majesty's ships, or of those of the SOIIAI?.
East India Company, making the seizure, may elect to take the bounty —
calculated according to tonnage, instead of the bounty which would be
payable upon the number of slaves on board.
X. All bounties payable under this Act shall be paid out of the
Consolidated Fund of the United Kingdom
thcCon8didatcdbFundd 0Ut °f of Great Britain and Ireland to the Com-
manders, Officers, and crews of Her Majesty's
ships, and of the ships of the East India Company, and such bounties
shall be issued and paid by order from the Commissioners of Her
Majesty's Treasury.
XI. In order to entitle the captors to receive the said bounty
„ . . -. money, the tonnage of the ship or vessel
Proof of tonnage. . & *
so seized and condemned shall be proved to
the Commissioners of Her Majesty's Treasury by producing a copy,
duly certified, of the sentence or decree of condemnation, or by such
documentary or other evidence as they may deem satisfactory.
XII. In order to entitle the captors to receive the said bounty
Copy of sentence of con- money 0n slavcs' tne number of mcn>
domination to be produced to women, and children so taken, delivered
the Treasury.
over, and condemned shall be proved to the
Commissioners of Her Majesty's Treasury by producing a copy,
duly certified, of the sentence or decree of condemnation, and also a
certificate under the hand of the proper Officer or Officers, Military or
Civil, who may be appointed to receive such slaves.
XIII. Where any slaves, or persons treated as slaves, shall be
One moiety of the bounty seized on board any ship or vessel taken and
only to be paid in certain cases, condemned in pursuance of the said agree-
ment and of this Act, but who shall not have been delivered over in
consequence of death, sickness, or other inevitable circumstance, it shall,
be lawful for the said Commissioners of Her Majesty's Treasury, if to
their discretion it shall seem meet, to direct payment of one moiety of
the bounty which would have been due in each case respectively if the
said slaves had been delivered over.
XVI APPENDIX.
SOHAU. XIV. Any party or parties claiming1 any benefit by way of bounty
under the provisions of this Act, or of any
Parties claiming benefit under
this Act may resort to the Court share of the proceeds of any vessel confis-
cated in pursuance of the provisions of the
aforesaid agreement, may resort to the High Court of Admiralty for
the purpose of obtaining the judgment of the said Court in that behalf;
and that it shall be lawful ' for the Judge of the said High Court of
Admiralty to determiue thereon, and also to hear and determine any
question of joint capture which may arise upon any seizure made in
pursuance of this Act, and also to enforce any decrees or sentences of
the said Vice-Admiralty Courts relating to any such seizure.
XV. All the provisions, rules, regulations, forfeitures, and penalties
Regulations and penalties res- respecting the delivery by Prize Agents of
E^Sb^XfaTSS .•*»»"*■ for ">**•>»*>*, and the distribu-
this Act. tion of prize money, and the accounting for
and paying over the proceeds of prize and the percentage due thereon
to Greenwich Hospital, shall be extended to all bounties and proceeds
to be distributed under the provisions of this Act to the Officers and
crews of any of Her Majesty's ships and vessels of war.
XVI. Where any ship or vessel belonging in whole or in part to
„ , the before-mentioned Chief or his subjects or
Treasury may order payment J
of costs awarded for vessels de- dependants shall have been detained and
tained, but not condemned. ■, i.j j« t i- i ^m n
brought to adjudication by any Officers of
Her Majesty the Queen of Great Britain and Ireland, or of those of the
East India Company, and the said ship shall be restored by sentence of
the Court, it shall be lawful for the Commissioners of Her Majesty's
Treasury, by warrant, to direct payment to be made out of the Consoli-
dated Fund of the United Kingdom of Great Britain and Ireland of
any costs or damages which may be duly awarded : provided always,
that nothing herein contained shall exempt such Officer from his liability
to make good the payments so made when lawfully called upon either
by the parties interested therein or by order of the said Commissioners
of Her Majesty's Treasury.
APPENDIX. XVU
XVII. When any seizure shall be made by any of the Command- SOHAR.
Treasury may repay to the ers, Officers, and crews of Her Majesty's ~
seizor of any vessel not con- j- f ^ f ^ E t j ^ c
demned the expenses incurred * * ^ w"*
by him. pany, and judgment shall be given against
the seizor, or when such seizure shall be relinquished by him, it shall be
lawful for the said Commissioners of Her Majesty's Treasury, if to their
discretion it shall seem meet, by warrant, to direct payment to be made
out of the Consolidated Fund of the United Kingdom of Great Britain
and Ireland, of such costs and expenses as the seizor may have incurred
in respect of such seizure, or any proportional thereof.
12 and 13 Victoria, Cap. LXXXIV.
TERSIAN ^n ^ *or canyiEg iQto effect Engagements between Her Majesty and certain
GULF. Arabian Chiefs in the Persian Gulf for the more effectual suppression of the
Slave trade, dated 1st August 1849.
Whereas on the thirtieth day of April, in the year of our Lord one
thousand eight hundred and forty-seven, an engagement was concluded
between Major S. Hennell, the Resident in the Persian Gulf, on behalf
of Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and Sultan Bin Sugger, Shaik of Ras-el-Khyma and Shar-
gah in the Persian Gulf, the Chief of the Joasmee Arabs, whereby it was
agreed as follows : —
" I, Shaik Sultan Bin Sugger, Chief of the Joasmee tribe, with a
view to strengthen the bonds of friendship existing between me and
the British Government, do hereby engage to prohibit the exportation of
slaves from the coasts of Africa and elsewhere on board of my vessels
and those belonging to my subjects or dependents, such prohibition to
take effect from the 1st day of Mohurrum a. h. 1264 (or 10th De-
cember a. d. 1847).
" And I do further consent, that whenever the cruizers of the Bri-
tish Government fall in with any of my vessels, or those belonging to
my subjects or dependents, suspected of being engaged in the slave trade,
they may detain and search them ; and in case of their finding that any
of the vessels aforesaid have violated this engagement, by the exporta-
tion of slaves from the coasts of Africa or elsewhere, upon any pretext
whatsoever, they (the government cruizers) shall seize and confiscate
the same."
And whereas on the said thirtieth day of April one thousand eight
hundred and forty-seven, an engagement was also concluded between
Major S. Hennell, the Resident in the Persian Gulf, on behalf of Her
APPENDli. XIX
Majesty the Queen of the United Kingdom of Great Britain and Ire- PERSIAN
land, and Muktoom Bin Buttye, Shaik of Debaye, whereby it was agreed GULF,
as follows : —
" I, Muktoom Bin Buttye, Shaik of Debaye, with the view to
strengthen the bonds of friendship existing between me and the British
Government, do hereby engage to prohibit the exportation of slaves
from the coasts of Africa and elsewhere on board of my vessels and those
belonging to my subjects or dependents, such prohibition to take effect from
the 1st day of Mohurrum a. ii. 1264 (or 10th December a. d. 1847).
" And I do further consent, that whenever the cruizers of the
British Government fall in with any of my vessels, or those belonging
to my subjects or dependents, suspected of being engaged in the slave
trade, they may detain and search them; and in case of their find-
ing that any of the vessels aforesaid have violated this engagement, by
the exportation of slaves from the coasts of Africa or elsewhere, upon
any pretext whatsoever, they (the government cruizers) shall seize and
confiscate the same."
And whereas on the first day of May, in the said year one thousand
eight hundred and forty-seven, an engagement was also concluded between
the said Major S. Hennell, on behalf of Her Majesty, and Abdool Azeez
Bin Rashid, Shaik of Bginan, whereby it was agreed as follows :—
" I, Abdool Azeez Bin Rashid, Shaik of Eginan, with the view to
strengthen the bonds of friendship existing between me and the British
Government, do hereby engage to prohibit the exportation of slaves from
the coasts of Africa and elsewhere on board of my vessels and those belong-
ing to my subjects or dependents, such prohibition to take effect from
the 1st day of Mohurrum, a. h. 1264 (or 10th December a. d. 1847).
" And I do further consent, that whenever the cruizers of the Bri-
tish Government fall in with any of my vessels, or those belonging to
my subjects or dependents, suspected of being engaged in the slave trade,
they may detain and search them ; and in case of their finding that
any of the vessels aforesaid have violated this engagement, by the expor-
tation of slaves from the coats of Africa or elsewhere, upon any pretext
whatsoever, they (the government cruizers) shall seize and confiscate the
same."
XX APPENDIX.
PERSIAN And whereas on the said first day of May, an engagement was con-
GULF. eluded by the said Major S. Hennell, on behalf of Her Majesty, and
Shaik Abdullah Bin Rashid, Shaik of Amulgavine, whereby it was
agreed as follows : —
" I, Abdullah Bin Rashid, Shaik of Amulgavine, with a view to
strengthen the bonds of friendship existing between me and the British
Government, do hereby engage to prohibit the exportation of slaves from
the coast of Africa and elsewhere on boagri of my vessels and those
belonging to my subjects or dependents; such prohibition to take
effect from the 1st day of Mohurrum a. h. 1264 (or 10th December
a. d. 1847)/'
"And I do further consent, that whenever the cruizers of the
British Government fall in with any of my vessels, or those belonging
to my subjects or dependents, suspected of being engaged in the slave
trade, they may detain and search them ; and in case of their finding
that any of the vessels aforesaid have violated this engagement, by the
exportation of slaves from the coasts of Africa or elsewhere, upon any
pretext whatsoever, they (the government cruizers) shall seize and con-
fiscate the same."
And whereas on the third day of May, in the said year one thou-
sand eight hundred and forty-seven, an engagement was concluded by
the said Major S. Hennell, on behalf of Her Majesty, and Shaik Saeed
Bin Tahnoon, Chief of Aboothabee, whereby it was agreed as follows : —
" I, Saeed Bin Tahnoon, Shaik of the Bin Yas, Chief of Aboothabee,
with view to strengthen the bonds of friendship existing between me
and the British Government, do hereby engage to prohibit the exporta-
tion of slaves from the coasts of Africa and elsewhere on board of my
vessels and those belonging to my subjects or dependents, such prohibi-
tion to take effect from the 1st day of Mohurrum a. h. 1264 (or 10th
December 1847).
" And I do further consent, that whenever the cruizers of the Bri-
tish Government fall in with any of my vessels, or those belonging to
my subjects or dependents, suspected of being engaged in the slave trade,
they may detain and search them ; and in case of their finding that any
of the vessels aforesaid have violated this engagement, by the exporta-
APPENDIX. XXI
tion of slaves from the coasts of Africa or elsewhere, upon any pretext PERSIAN
whatsoever, they (the government cruizers) shall seize and confiscate the GULP,
same."
And whereas on the eighth day of May, in the said year one thou-
sand eight hundred and forty-seven, an engagement was concluded by
the said Major S. Hennell, on behalf of Her Majesty, and Shaik
Mahomed Bin Khuleefa Bin Subman, Chief of Bahrein, whereby it was
agreed as follows : —
" I, Mahomed Bin Khuleefa Bin Subman, Chief of Bahrein, with
the view to strengthen the bonds of friendship existing between me and
the British Government, do hereby engage to prohibit the exportation
of slaves from the coasts of Africa and elsewhere on board of my
vessels and those belonging to my subjects or dependents, such prohi-
bition to take effect from the 1st day of Mohurrum a. h. 1264 (or 10th
December a. d. 1847).
"•And I do further consent, that whenever the cruizers of the
British Government fall in with any of my vessels, or those belonging .
to my subjects or dependents, suspected of being engaged in the slave
trade, they may detain and search them ; and in case of their finding
that any of the vessels aforesaid have violated this engagement, by the
exportation of slaves from the coasts of Africa or elsewhere, upon any
pretext whatsoever, they (the government cruizers) shall seize and
confiscate the same."
And whereas it is expedient that effectual provision should be made
Officers Commanding ships of for carrying into execution the provisions
Her Majesty, as well as those of 0f fa sajd several agreements, be it there-
the East India Company, autho- ^3 *
rized to visit vessels belonging fore enacted by the Queen's most excellent
to the before-mentioned Chiefs, ,r . , , .. , , .
or to any of their subjects or Majesty, by and with the advice and consent
dependents. of the Lords spiritual and temporal and
Commons in this present Parliament assembled, and by the authority
of the same, that it shall be lawful for the Commanders and other
Officers of Her Majesty's ships of war, or of the East India Company,
to visit and detain in any seas any vessel belonging to either of the said
respective Chiefs, Shaik Sultan Bin Sugger, Chief of the Joasmee tribe,
Muktoom Bin Buttye, Shaik of Debaye, Abdool Azeez Bin Rashid,
XX ii APPENDIX.
TERSIAN Shaik of Eginan, Abdullah Bin Rashid, Shaik of Amulgavine, Saeed
i;iLF. Bin Tahnoon, Shaik of the Bin Yas, Chief of Aboothabee Mahomed
Bin Khuleefa, Bin Subman, Chief of Bahrein, or to any of their subjects
or dependents, which shall upon reasonable grounds be suspected of being
engaged in the traffic in slaves or having been fitted out for that purpose,
and to send or carry away such vessel, together with its masters, sailors,
passengers, slaves, and cargo, for the purpose of such vessel being brought
to adjudication as hereinafter mentioned.
II. And be it enacted, that it shall be lawful for the High Court
The trial of vessels engaged of Admiralty of England, and for all Courts
in the slave trade. 0f Vice -Admiralty in any dominions of Her
Majesty beyond the seas, including those Courts of Vice-Admiralty
within the territories under the government of the East India Company,
to take cognizance of and try any such vessel which shall be detained
or captured for the violation of the said agreements, and to condemn
any such vessel to Her Majesty, and adjudged as to the slaves found
therein, in like manner and under such and the like rules and regulations
as are contained in any Act or Acts of Parliament in force in relation
to the suppression of the slave trade by British owned ships as fully as
if all the powers and provisions contained in such Acts were re-enacted
in this Act as to such High Court of Admiralty or Courts of Vice-Ad-
miralty.
III. And be it enacted, that every person who shall wilfully and
Persons giving false evidence corruptly give false evidence in any exami-
deemed guilty of perjury. nation or deposition had or affidavit taken
in any proceeding under the said engagements or this Act shall be
deemed guilty of perjury, and being thereof convicted shall be subject
and liable to all the punishments, pains, and penalties to which persons
convicted of wilful and corrupt perjury are liable; and every such person
may be tried for any such perjury, either in the place where the offence
was committed, or in any colony or settlement of Her Majesty near
thereto in which there is a Court of competent jurisdiction to try any
such offence, or in Her Majesty's Court of Queen's Bench in England,
and that in case of any prosecution for such offence in Her Majesty's
said Court of Queen's Bench, the venue may be laid in the County of
Middlesex.
APPENDIX. XX111
IV. And be it enacted; that the pendency of any suit or proceeding PERSIAN
Pendency of suits to be a bar instituted for the condemnation or restitution GULF.
to any proceedings instituted for of g] • Qr Qr gl tak geized
the recovery of the vessels de- j r o > 7 > >
tained. or detained by virtue of the said agreements,
or the final adjudication, condemnation, or judgment or determination
thereupon, may be pleaded in bar or given in evidence under the general
issue and shall be deemed in any Court whatever to be a complete
bar in any action, suit, or proceeding, whether instituted by any person
or persons for the recovery of any such ship, vessel, or cargo, or of any
damage, or for any injury sustained thereby or by the persons on board
the same, in consequence of any capture, seizure, or detention or any
thing done under, or in pursuance of, the provisions of the said agree-
ments.
V. And be it enacted, that any ship or vessel which shall be con-
, . , ' demned as aforesaid may be taken into Her
Vessels condemned to be sold
for Her Majesty's service or Majesty's service, upon payment of such sum
broken up< as the Lord High Admiral or the Lords Com-
missioners of the Admiralty shall deem a proper price for the same, or if
not so taken, shall be broken up and demolished, and the materials thereof
shall be publicly sold in separate parts, and the proceeds thereof shall be
paid to such person or persons as the Commissioners of Her Majesty's
Treasury may appoint to receive the same.
VI. And be it enacted, that where any ship or vessel employed or
engaged in such illicit traffic in slaves, in
of^SS^ft.'S ™M™ »f th« "M agreements, shall be
titled to the proceeds belonging seized by any ship or vessel belono-ing- to
to Her Majesty. . &
Her Majesty or the East India Company
and afterwards condemned, there shall be paid to the captors the net pro-
ceeds to which Her Majesty is entitled, the same to be distributed in the
same manner hereinafter directed for the distribution of bounties on slaves
taken on board the said vessels.
VII. And be it enacted, that there shall be paid to the Commander,
Officers, and crews of her Majesty's ships,
Bounty for slaves captured. ■, j^m 1
or the Commander, Officers, and crews of the
ships of the East India Company, a bounty of five pounds for every man
XXIV APPENDIX.
PERSIAN woman, and child slave seized and found on board any ship or vessel taken
GULF. and condemned in pursuance of the provisions of the said agreement
and of this Act, such bounty to be issued and paid by order from the
Commissioners of Her Majesty's Treasury, and to be distributed to and
amongst the captors aforesaid in such manner and proportions as Her
Majesty shall think fit to order by any order in Council made or to be
made, or by any proclamation for that purpose.
VIII. And be it enacted, that where any ship or vessel which shall
Bounty on tonnage of slave nave been seized and condemned under the
ships captured and demolished. provisions of the said agreements, shall have
been or shall be demolished, and the materials thereof publicly sold in
separate parts, as well as her cargo, there shall be paid to the Commanders,
Officers, and crews of Her Majesty's ships or of those of the East
India Company, in addition to the amount of the proceeds of such
sale as hereinbefore mentioned, a further bounty on the tonnage of
such ship or vessel at the rate of thirty shillings for every ton of such
tonnage.
IX. And be it enacted, that where any ship or vessel having no
Where no slaves are onboard slsWeS 0n board sha11 have W Seized and
a ship seized and condemned an condemned under the provisions of the said
additional bounty to be paid. ■ ' *
agreements, there shall be paid to the Com-
manders, Officers, and crews of Her Majesty's ships or those of the East
India Company an additional bounty upon the tonnage of such ship or
vessel at the rate of four pounds for every ton ; and the tonnage of all
such vessels shall be ascertained according to the mode of ascertaining
the admeasurement of British vessels, either by the principal Officer of
the customs at the port where the vessel may be at the time of condem-
nation, or in default thereof by the best evidence which can be obtained :
provided always, that in every case in which any ship or vessel shall be
seized with slaves on board in which the bounty calculated upon the
number of slaves shall be less than the bounty calculated upon the ton-
nage, the Commanders of Her Majesty's ships or of those of the East
India Company making the seizure may elect to take the bounty calcu-
ated according to tonnage, instead of the bounty which would be pay-
able upon the number of slaves on board.
APPENDIX. XXV
X. And be it enacted, that all bounties payable under this Act shall PERSIAN
Bounties to be paid out of De Paid out of tne Consolidated Fund of the GULF-
the Consolidated Fund. United Kingdom of Great Britain and Ire-
land to the Commanders, Officers, and crews of Her Majesty's ships and
of the ships of the East India Company, and such bounties shall be
issued and paid by order from the Commissioners of Her Majesty's
Treasury.
XI. And be it enacted, that the said bounty, as also all bounties
Bounties not liable to pay- payable under any of the Acts for the abo-
ment of fees. lition or suppression of the slave trade, shall
not hereafter be charged with Treasury fees or Exchequer fees of any des-
cription.
XII. Provided always, and be it enacted, that in order to entitle
the captors to receive the said bounty money-
Proof of tonnage. . . "■
and tonnage ot the ship or vessel so seized
and condemned shall be proved to the Commissioners of Her Majesty's
Treasury by producing a copy, duly certified, of the sentence or decree of
condemnation, or by such documentary or other evidence as they may
deem satisfactory.
XIII. Provided always, and be it enacted, that in order to entitle
Copy of sentence of condem- the CaPtorS to reCeive the Said b°Unt^ m0ney
nation to be produced to the on slaves, the number of men, women, and
Commissioners of the Treasury. .
children so taken, delivered over, and con-
demned shall be proved to the Commissioners of Her Majesty's Treasury
by producing a copy, duly certified, of the sentence, or decree of con-
demnation, and also a certificate under the hand of the proper Officer
or Officers, Military or Civil., who may be appointed to receive such
slaves.
XIV. And be it enacted, that where any slaves or persons treated
One moiety of the bounty as slaves shall be seized on board any ship or
only to be paid in certain cases, yegg^ taken and condemned in pursuance of
the said agreements and of this Act, but who shall not have been deli-
vered over in consequence of death, sickness, or other inevitable circum-
stance, it shall be lawful for the said Commissioners of Her Majesty's
D
XtVl APPENDIX.
TERS1AN Treasury, if to their discretion it shall seem meet, to direct payment of
GULF. one moiety of the bounty which would have been due in each case res-
pectively if the said slaves had been delivered over.
XV. Provided also, and be it enacted, that any party or parties
„ ,. ... ' „, claiming any benefit bv wav of bounty under
Parties claiming benefit un- °^ J .
der this Act may resort to the the provisions of this Act, or of any share
Court of Admiralty. „ , , „ . „ " , .
oi the proceeds ot any vessel confiscated in
pursuance of the provisions of the aforesaid agreements, may resort to the
High Court of Admiralty for the purpose of obtaining the judgment of the
said Court in that behalf, and that it shall be lawful for the Judge of
the said High Court of Admiralty to determine thereon, and also to hear
and determine any question of joint capture which may arise upon any
seizure made in pursuance of this Act, and also to enforce any decrees or
sentences of the said Vice-Admiralty Courts relating to any such seizure.
XVI. And be it enacted, that all the provisions, rules, regulations,
forfeitures, and penalties respecting the deli-
extended to bounties, &c, under animation, and the distribution of prize money
this Act. 1.1.'' • t . .
and the accounting tor and paying over the
proceeds of prize and the percentage due thereon to Greenwich Hospital,
shall be extended to all bounties and proceeds to be distributed, under
the provisions of this Act, to the Officers and crews of any of Her
Majesty's ships and vessels of war.
XVII. And be it enacted, that where any ship or vessel belonging
in whole or in part to the before-mentioned
Commissioners of the Trea- .-,, . P ... *• 21 ■, -, . ■,-,■,
Bury may order payment of ^niets, or their subjects or dependents, shall
ed*tuTn^tdCconfaemeneSdl8 detaia" have been detained and brought to adjudica-
tion by any Officers of Her Majesty the Queen
of Great Britain and Ireland or of those of the East India Company
and the said ships shall be restored by sentence of the Court, it shall be
lawful for the Commissioners of Her Majesty's Treasury, by warrant signed
by any two or more of them, to direct payment to be made out
of the Consolidated Fund of the United Kingdom of Great Britain and
Ireland of any costs or damages which may be duly awarded, provided al-
ways, that nothing herein contained shall exempt such Officer from his
APPENDIX. XXVU
liability to make good the payment so made, when lawfully called upon PERSIAN
either by the parties interested therein or by order of the said Commis- '
sioners of Her Majesty's Treasury.
XVIIL And be it enacted, that when any seizure shall be made by
_ „ . . „ ,, any of the Commanders, Officers, and crews
The Commissioners of the J
Treasury may repay to the of Her Majesty's ships, or of those of the
seizor of any vessel not con- _, . — ,. ~. , . , iini
demned the expenses incurred East India Company, and judgment shall be
y given against the seizor, or when such seizure
shall be relinquished by him, it shall be lawful for the said Commissioners
of Her Majesty's Treasury, if to their discretion it shall seem meet, by
warrant signed by any two or more of them, to direct payment to be
made out of the Consolidated Fund of the United Kingdom of Great
Britain and Ireland of such costs and expenses as the seizor may have
incurred in respect of such seizure, or any proportional part thereof.
INSTRUCTIONS OF THE GOVERNMENT OF INDIA,
RELATIVE TO THE SLAVE TRADE.
The Treaty mentions vessels the property of Vessels belonging to the Imaum
the Imaum as well as of his subjects, but the 0f Muscat, Or to any of his
Statute only vessels of his subjects. The in- >
structions, however, may stand as here headed. subjects belonging to either 01
(Sd.) A. S. LeMesst/bieb, the following respective Arabian
A. G.
Chiefs in the Persian Gulf, viz.-
1. — Shaik Sultan Bin Suggur, Shaik of Rasel-khyma and Sharyah in
the Persian Gulf, Chief of the Joasmee tribe of Arabs.
2.— Muktoom Bin Buttye, Shaik of Debaye.
3. — Abdool Azeez bin Rashid, Shaik of Ejman.
4. — Abdullah Bin Rashid, Shaik of Amulgavine.
5. — Saeed Bin Tahnoon, Shaik of the Beni Yas, Chief of Aboothabae.
6. — Mahomed Bin Khuleefa Bin Subman, Chief of Bahrein, or to any
of their subjects or dependants.
Instructions.
To the Commanders of the Honourable East India Company's ships
for carrying into execution the provisions of the Act of XI and XII Vic.
Cap. 128, entitled an Act for carrying into effect the agreement between
Her Majesty and the Imaum of Muscat for the more effectual suppression
of the slave trade, also for carrying into execution the provisions of the
Act of XII and XIII Vic, Cap. 84, entitled an Act for carrying into
effect engagements between Her Majesty and certain Arabian Chiefs in
the Persian Gulf for the more effectual suppression of the slave trade,
copies of both of which Acts are hereto annexed.
I. You are required to make yourselves fully accquainted with the
different provisions of these Acts of Parliament and to guide yourselves
accordingly by them in all your acts when you meet or fall in with any
vessels belonging to the Imaum of Muscat, or any of his subjects, or
with any vessel belonging to any or either of the Arabian Chiefs therein
APPENDIX. XXIX
respectively named, or any of their subjects or dependants engaged in the SLAVE
slave trade, or fitted out for the purpose contrary to the provisions of trade.
these Acts.
II. Your attention is to be directed to the third article of the agree-
ment with the Imaum, dated 2nd October 1845, as set out in the Act of
XI* and XII. Vic, Cap. 128.
III. And also to the provisions of the first Section of these Acts,
which empower the Commanders of the ships of war of the East India
Company to visit vessels belonging to the subjects of the Imaum, within
the limits therein specified, and also to visit vessels belonging to the
Chiefs, or the subjects or dependants of the Chiefs named in Act XII and
XIII Vic, Cap. 84, suspected of being engaged in slave trade.
IV. You will visit and detain in any seas, except within the limits
exempted by the terms of the third article of the said agreement
(contained in Act XI and XII Vic, Cap. 128), any merchant vessel
belonging to the subjects of the Imaum of Muscat which shall upon reason-
able grounds be suspected of being engaged in the export of slaves from
the African dominions of the Imaum of Muscat, or the importation of
slaves from any part of Africa into his possessions in Asia, excepting
such only as are engaged in the transport of slaves from one port to
another of his own dominions in Africa, between the port of Lamoo
to the north and its dependencies, the northern limits of which is the
north point of Khyhoo Island in 1°57' south latitude, and the port of
Keelwa to the south and its . dependencies, the southern limit of which
is the Sonya Manara or Pagoda point in 9°2' south latitude, including
the Islands of Zanzibar, Pemba, and Monfia, or any vessel fitted out for
that purpose, and to send or carry away such vessel, together with its
masters, sailors, passengers, slaves, and cargo, for the purpose of such
vessel being brought to adjudication as in the Act of XI and XII Vic
mentioned.
V. You will visit and detain in any seas any vessel belonging to
either of the said respective Chiefs, Shaik Sultan Bin Suggur, Chief of
the Joasmee tribe, Muktoom Bin Buttye, Shaik of Debaye, Abdool Azeez
* See note in margin of previous page.
APPENDIX.
Hiii Rashid, Shaik of Ejman, Abdullah Bin Rashid, Shaik of Amulgavine,
1 ■ vm •• S:uvd Bin Tahnoon, Shaik of the Bcni Yas, Chief of Aboothabee, Ma-
homed Bin Khuleefa Bin Subman, Chief of Bahrein, or to any of their
subjects or defendants, which shall upon reasonable grounds be suspected
of being engaged in the traffic in slaves or having been fitted out for
that purpose, and to send or carry away such vessel, together with its
masters, sailors, passengers, slaves, and cargo, for the purpose of such
vessel being brought to adjudication, as in the Act of XII and XIII
Vic. mentioned.
VI. On detaining any vessel visited by you under the aforesaid
provisions of either of the said two Acts and of these instructions, you
will take possession of the ship's papers, making a list thereof according
to Form No. 1, and certifying the same by your signature.
VII. You will also draw out a declaration according to Form No. 2
stating the circumstances attending the capture, and mentioning the date
when and in the place where it was made, and you will certify the same
by your signature.
VIII. In sending or carrying away such vessel with its masters,
sailors, passengers, slaves, and cargo for the purpose of adjudication, you
will do so without delay, and send or carry her with them to the nearest
port or place where a British Court of Vice-Admiralty may be established,
and on your arrival at such port or place you shall duly report your ar-
rival and deliver up to the proper Authorities there the vessel, with its
master, sailors, passengers, slaves, and cargo, to be dealt with according
to law, and you shall abide such further instructions on the subject as
shall be given you.
IX. The Officer in charge of the slave vessel is at the same time
of delivering up the vessel to the proper Authorities to deliver also the
ship's papers and certificates thereof and the captor's declaration of
capture.
X. The circumstances attending the seizure of a vessel under
either of these Acts of Parliament must be fully reported to the Officer
. APPENDIX. ( XXxi
under whoso orders you are serving, and a duplicate of the report must slave
be sent at the earliest opportunity to the Commander-in-Chief of the trade.
Indian Navy at Bombay.
Given under my hand at Bombay this day of 1850.
Commodore.
Commander-in-Chief, I. N.
Form No. 1.
Certificate containing a list of papers to be made out in duplicate, one copy to be
delivered to the master placed in charge of a detained vessel as soon as pos-
sible after seizure, the other to be delivered to be kept with a view to its
production in the Court before which the vessel is taten for adjudication.
I, the undersigned hold the rank of in
the Indian Navy, and Commanding the Honourable Company's ship
do hereby certify that on the day of
being the latitude and longitude of
Greenwich, seized the whereof is Tindal,
and that she had on board at time of capture
slaves, namely —
If no slaves be on board, state the fact.
Females.
Total.
I further certify that the papers which I have numbered 1 to
inclusive are the whole of the documents, letters, and writings seized on
board, which are hereunder specified and described, namely,—
Here specify and describe No. 1
the papers found on board „ £
according to number „ 3 &c.
Signed by me the day of • 1850.
Commanding II. C. .S/</j>.
xxxy APPENDIX
_ VVK Form No. 2.
TRAPE- Declaration to be made by the Commander of the Honourable Company's ship at
the time of tho seizure and delivered to the Court before which the vessel is
taken for adjudication.
I the undersigned holding the rank of
in the Indian Navy, and Commanding the Honourable Company's
ghjp duly authorized by the Act* of Parliament for the
suppression of the slave trade as therein provided, do hereby declare
that on the day of being in
latitude and longitude of Greenwich,
I seized the whereof
is Tindal, for having violated the said and I
further declare that the vessel had on board at the time of seizure a crew
of persons passengers and slaves
as follows : —
Males
Females
Total
Here insert any particulars worthy of And I do also declare that I
notice, as to the state in which the vessel was f d ^ vesgel in the following
found, and any facts as to the circumstances °
. or causes of seizure. state : —
Given under my hand this day of 1850.
Commanding IJ. C. Skip,
Approved by the Most Noble the Governor General of India on
the 17th July 1850.
* If the seizure he under the Act of XI and XII Vic, Cap. 128, insert it; if under
XII and XIII Vic, Cap. 84, state it accordingly.
PLEASE DO NOT REMOVE
CARDS OR SLIPS FROM THIS POCKET
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